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America's Top rated Distracted Truck Driving Lawyer
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America's Top Rated Distracted Truck Driving Attorney
When you or a loved one has been in an accident with a distracted truck driver, the aftermath can be difficult to sort through. Between doctor’s appointments, discussions with insurance agents and mounting medical bills – not to mention the pain, it can all be too much.
Let our distracted truck driving lawyers take what we can off of your to-do list. We will handle all the communications with the insurance companies, and we will work to have the responsible party pay those medical bills. We are open now to provide legal guidance in-person or online appointments.
Call us at 1-888-352-9243 for a free consultation with our distracted truck driving lawyers.
Distracted Truck Driving
Distracted truck driving refers to truck drivers engaging in activities that divert their attention away from the road while operating their vehicles. [1] This can significantly increase truck accidents, as distracted drivers are more likely to make mistakes, miss important cues, and react more slowly to changes in traffic conditions.
Distracted truck drivers are nearly 72% more likely to be involved in a “near collision” than other drivers. [2]
Have you or a loved one been the victim of a distracted truck driving accident?
Don’t wait another day to seek justice. Contact our team at Goldberg & Loren today for a free consultation, and let us fight for your rights.
Types of Distracted Truck Driving Accident
Distracted driving can manifest in various forms, each leading to different types of accidents. Here’s a detailed exploration of the types of distracted truck driving accidents mentioned:
- Cross-Traffic Collisions: These accidents occur when a distracted truck driver fails to yield or misjudges the speed or distance of oncoming traffic while attempting to cross an intersection or merge onto a roadway. The distraction may prevent the driver from adequately scanning for approaching vehicles, leading to a collision with cross-traffic.
- Intersection Accidents: Intersection accidents involve collisions that occur within or near intersections. A distracted truck driver may fail to notice traffic signals, stop signs, or pedestrians while approaching an intersection, resulting in accidents such as broadside collisions, T-bone collisions, or collisions with vehicles making turns.
- Jackknife Accidents: Jackknife accidents occur when a truck’s cab and trailer fold into an acute angle, resembling the shape of a folding pocket knife. Distracted driving can contribute to jackknife accidents if the driver’s attention wanders, leading to sudden braking or oversteering maneuvers that cause the trailer to swing out of alignment with the cab.
- Lane Departure Accidents: Lane departure accidents occur when a distracted truck driver veers out of their lane unintentionally. Distractions such as texting, or fatigue can cause a driver to lose focus and drift into adjacent lanes or onto road shoulders, increasing the risk of collisions with other vehicles or roadside hazards.
- Rear-End Collisions: Rear-end collisions involve a truck colliding with the rear of another vehicle. Distracted truck drivers may fail to maintain a safe following distance or anticipate changes in traffic flow, resulting in rear-end collisions when they are unable to stop in time to avoid a collision.
- Rolling Over: Rollover accidents occur when a truck tips onto its side or roof. Distracted driving behaviors such as sudden steering corrections, overcompensation for lane drift, or failure to anticipate curves or obstacles can contribute to rollover accidents, particularly in large commercial vehicles with high centers of gravity.
- Run-Off-The-Road Accidents: Run-off-the-road accidents occur when a truck leaves the roadway entirely, either due to driver distraction or loss of control. Distractions such as drowsiness, inattentiveness, or external stimuli can cause a truck driver to veer off the road, potentially leading to collisions with roadside barriers, trees, or embankments.
- Side-Swipe Collisions: Side-swipe collisions involve two vehicles colliding alongside each other, typically in adjacent lanes of traffic. Distracted truck drivers may inadvertently drift into adjacent lanes while preoccupied with distractions such as eating, drinking, resulting in side-swipe collisions with other vehicles.
- Collisions with Stationary Objects: Collisions with stationary objects occur when a truck strikes a fixed obstacle, such as guardrails, barriers, or parked vehicles, due to driver distraction or inattention. Distractions may prevent a truck driver from maintaining proper lane position or recognizing stationary hazards in their path, leading to collisions with objects along the roadway.
Causes of Distracted Truck Driving
Distracted truck driving accidents occur when a truck driver’s attention is diverted from the task of operating their vehicle safely due to various distractions. These distractions can significantly impair a truck driver’s ability to react to changing road conditions, increasing the risk of accidents.
Here are some types of distracted truck driving accidents in detail:
- Cell Phone Use: One of the most common forms of distraction among truck drivers is the use of cell phones for calling, texting, or browsing the internet while driving. Even a momentary glance away from the road to read or send a text message can have catastrophic consequences, as trucks require longer stopping distances and have larger blind spots than passenger vehicles.
- Fatigue: Fatigue is another prevalent cause of distracted driving among truck drivers. Long hours on the road, irregular schedules, and demanding deadlines can lead to drowsiness and reduced alertness behind the wheel. Fatigued truck drivers may experience impaired judgment, slower reaction times, and even brief lapses in consciousness, putting themselves and others at risk of accidents.
- In-Cab Technology: Modern trucks are equipped with various in-cab technologies, including GPS navigation systems, onboard computers, and entertainment systems. While these technologies are intended to enhance safety and comfort, they can also be sources of distraction if not used responsibly. Truck drivers may become preoccupied with adjusting settings, inputting destinations, or interacting with touchscreen displays while driving, diverting their attention from the road.
- Eating and Drinking: Truck drivers often eat meals or consume beverages while driving to meet tight delivery schedules. However, eating or drinking behind the wheel can distract a driver’s attention from the road and impair their ability to maintain control of their vehicle. Spills or dropped items can also lead to sudden movements or attempts to retrieve objects, further increasing the risk of accidents.
- External Distractions: External distractions, such as billboards, roadside attractions, or other vehicles, can divert a truck driver’s attention away from the road. Focusing on external stimuli instead of the task of driving can lead to delayed reactions to hazards, failure to maintain proper lane position, or even drifting into adjacent lanes, increasing the risk of collisions.
- Cargo Handling: Truck drivers are responsible for securing and monitoring their cargo during transport. Tasks such as adjusting tie-downs, checking load restraints, or inspecting cargo compartments can take a driver’s attention away from the road, particularly if done while the vehicle is in motion. Improperly secured cargo can shift or fall during transit, leading to accidents or roadway obstructions.
- Multi-Tasking: Truck drivers may engage in multitasking behaviors while driving, such as reading maps, completing paperwork, or communicating with dispatchers via two-way radios or other communication devices. While these tasks may be necessary for job duties, they can create cognitive distractions that impair a driver’s ability to focus on the road ahead.
Table of Contents
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America's Top Rated Distracted Truck Driving Attorney
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Distracted Truck Driving
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Types of Distracted Truck Driving Accident
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Causes of Distracted Truck Driving
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Common Injuries Caused By Distracted Truck Driving
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Statute of Limitations
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Consequences of Distracted Truck Driving Accidents That Can Attract Compensation
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What is the Role of Our Distracted Truck Driving Lawyer?
Automobile Accidents
Common Injuries Caused By Distracted Truck Driving
Distracted driving poses a significant risk on the roads, particularly when it involves commercial trucks. The consequences of distracted truck driving can be devastating, leading to severe consequences such as:
- Amputations
- Burns
- Concussions
- Crush injuries
- Death
- Dental injuries
- Internal bleeding
- Lacerations
- Organ damage
- Paralysis
- Post-traumatic stress disorder (PTSD)
- Soft tissue injuries
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Whiplash
Statute of Limitations
The Statute of Limitations for trucking accidents, which varies by jurisdiction, dictates the time frame within which a lawsuit must be filed after the accident occurs. Here’s a detailed explanation of the Statute of Limitations for trucking accidents:
- Varies by Jurisdiction: The Statute of Limitations for trucking accidents can vary from state to state. Each state has its own laws governing the time frame within which a lawsuit must be filed, typically ranging from one to six years from the date of the accident.
- Date of Discovery: In some cases, the Statute of Limitations may begin to run from the date of discovery of the injury or damages rather than the date of the accident itself. This is particularly relevant in situations where injuries or damages resulting from the trucking accident are not immediately apparent.
- Tolling of the Statute: Certain circumstances may toll or suspend the Statute of Limitations, effectively extending the time frame within which a lawsuit must be filed. Common reasons for tolling the Statute of Limitations include the plaintiff’s minority (being under the legal age of majority), mental incapacity, or the defendant’s absence from the jurisdiction.
- Exceptions and Extensions: Some states may provide exceptions or extensions to the Statute of Limitations under specific circumstances. For example, if the trucking company or driver engaged in fraudulent concealment of evidence or if the victim is a minor, the Statute of Limitations may be extended.
Consequences of Distracted Truck Driving Accidents That Can Attract Compensation
When it comes to distracted truck driving accidents, the repercussions can be far-reaching, impacting victims physically, emotionally, and financially. Here’s a detailed exploration of the consequences that can attract compensation:
- Disability and Impairment: Victims of distracted truck driving accidents may sustain debilitating injuries that result in permanent disabilities or impairments. These disabilities can affect their ability to work, perform daily activities, and enjoy a normal quality of life. Compensation may cover ongoing medical care, assistive devices, home modifications, and other expenses associated with managing disabilities.
- Legal Expenses: Legal expenses are necessary while pursuing compensation for their injuries and losses. These expenses can include attorney fees, court costs, expert witness fees, and other litigation-related costs. Compensation may cover these expenses to ensure that victims have access to the legal representation needed to seek justice and hold negligent parties accountable.
- Lost Wages: Serious injuries sustained in distracted truck driving accidents can result in temporary or permanent disability, preventing victims from working and earning income. Compensation may include reimbursement for lost wages, including past and future earnings lost due to accident-related injuries. This can help alleviate financial strain and provide stability for victims and their families during the recovery process.
- Medical Expenses: Victims of distracted truck driving accidents often require extensive medical treatment for their injuries, including emergency care, surgeries, hospital stays, rehabilitation, medication, and ongoing medical monitoring. Compensation may cover all past and future medical expenses related to the accident, ensuring that victims receive the necessary care without incurring financial hardship.
- Pain and Suffering: Distracted truck driving accidents can cause physical pain, emotional distress, and mental anguish for victims and their families. Compensation may include damages for pain and suffering, and compensating victims for the physical discomfort, emotional trauma, and psychological distress endured as a result of the accident and injuries.
- Property Damage: In addition to personal injuries, distracted truck driving accidents can cause damage to vehicles and other property involved in the collision. Compensation may cover the costs of repairing or replacing damaged vehicles, as well as any other property damaged in the accident, such as personal belongings or roadside infrastructure.
- Punitive Damages: In cases involving egregious negligence, recklessness, or intentional misconduct on the part of the truck driver or another party, punitive damages may be awarded in addition to compensatory damages. Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future, providing an additional layer of compensation for victims.
- Rehabilitation Costs: Victims of distracted truck driving accidents may require extensive rehabilitation services to recover from their injuries and regain function. Compensation may cover the costs of physical therapy, occupational therapy, speech therapy, vocational rehabilitation, and other rehabilitation services aimed at maximizing the victim’s recovery and independence.
- Wrongful Death Damages: In cases where a distracted truck driving accident results in the death of a loved one, surviving family members may be entitled to compensation for wrongful death damages. This can include reimbursement for funeral and burial expenses, loss of financial support, loss of companionship, and other related damages.
- Loss of Consortium: Spouses of victims injured in distracted truck driving accidents may suffer a loss of consortium, which refers to the loss of companionship, intimacy, and support resulting from the victim’s injuries. Compensation may include damages for loss of consortium to address the emotional and relational impact on spouses.
What is the Role of Our Distracted Truck Driving Lawyer?
When the devastating consequences of a truck driver distraction can leave you or your loved ones injured, navigating the legal system can feel overwhelming. That’s where our experienced truck accident attorneys come in. We play an important role in fighting for your rights and seeking justice in the aftermath of such negligence.
Here’s why you need our personal injury lawyers by your side:
- Unwavering Advocacy: Distracted truck crashes often involve complex investigations and legal battles. We have the expertise and tenacity to stand up to trucking companies and their insurers, ensuring your voice is heard.
- Thorough Investigation: Identifying the cause of the accident and pinpointing responsibility requires meticulous investigation. Our accident investigators delve deep, analyzing evidence like cell phone records, truck data systems, and witness testimonies to build a strong personal injury claim.
- Holding Multiple Parties Accountable: Beyond the commercial truck driver, trucking companies, dispatchers, and even manufacturers of technology contributing to the distraction may be liable. We hold all responsible parties accountable for their negligence.
- Building a Compelling Case: From medical records to expert reports, we gather and analyze crucial evidence to demonstrate the full extent of your injuries and losses. This strong foundation paves the way for maximum compensation.
- Masterful Negotiation and Litigation: We are skilled negotiators who aggressively pursue fair settlements from insurance companies. If necessary, we are prepared to go to trial and fight for your rights in court.
- Comprehensive Support: Dealing with the physical and emotional impact of your injuries is challenging enough. We provide compassionate guidance and support throughout the legal process, allowing you to focus on healing.
If you or a loved one is a victim of a distracted truck driving accident, don’t hesitate to reach out to us. Our legal team is open now and 24/7 to listen to your story, answer your questions, and help you explore your legal options.
Book a free consultation today!
Sources:
[1] Transportation, K. (2021, June 23). Distracted Truck Driving: What You Should Know. Drive Knight. https://driveknight.com/blog/safety/distracted-truck-driving-what-you-should-know/
[2] Cullen, D. (2021, July 22). Study: The Dangers of Distracted Truck Drivers. © 2024 Heavy Duty Trucking, Bobit. All Rights Reserved. https://www.truckinginfo.com/10147748/omnitracs-reports-on-risks-and-costs-of-distracted-truck-drivers
If you or someone you care about was involved in a truck accident due to distracted driving, you might be eligible for compensation for your injuries. Get in touch to see if you have a case.
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