Various circumstances can lead to distracted driving, including the use of cell phones and electronic devices, talking to others in the vehicle, and eating food. Unfortunately, when truck operators fail to concentrate on driving, they can cause severe accidents that harm others.
If you or your loved ones became victims of distracted driver truck accidents in Cleveland, you might have a legal claim against the at-fault parties. A truck accident case might allow you to obtain compensation for the costs of your financial, physical, and emotional injuries. Getting legal advice might not be at the top of mind in the immediate aftermath of an accident, but you should act quickly to protect your rights.
Despite laws in many states restricting cell phone use while driving, hundreds of thousands of drivers are still utilizing electronic devices on the road. Even using hands-free devices does not always increase safety for drivers and passengers. Use of cell phones and other electronic devices are one of the most common causes of distracted driver crashes.
Other activities may lead to similarly dangerous levels of distraction for local drivers, including:
The loss of attention for even a few seconds can be enough to cause a significant accident involving two or more vehicles. When distracted truck drivers cause crashes that injure others, victims may be able to hold them accountable through a personal injury action. Working with legal counsel might be the most effective way to determine the legal viability of any claims.
Injured parties can suffer various losses in accidents involving distracted drivers. Some of these damages are purely economic, including medical bills to treat injuries. These damages are typically based on a set dollar amount and are easily quantifiable.
Another example of economic damages in a personal injury case is compensation for the loss of wages (including future wages) that occurs when individuals are unable to work as a result of their injuries. Damages to personal property, such as vehicles involved in the crash, also constitute economic damages.
Other damages that might be possible in distracted truck driver cases are more subjective. These include physical pain and suffering resulting from the injuries sustained in the accident. Emotional trauma stemming from the collision also may be compensable in some situations.
More examples of non-economic damages include loss of consortium and permanent disfigurement. The availability of these damages often depends on the type and permanency of the injuries suffered in the crash.
Non-economic damages are subject to a maximum cap under Ohio Revised Code § 2315.18. This cap is $250,000 or three times the amount of economic damages to which injury victims are entitled, except for specific catastrophic injuries. The maximum amount of non-economic damages, however, is $350,000 per plaintiff and $500,000 per incident. A truck crash lawyer could assist in calculating the proper amount of damages to seek in a claim.
Many factors may impact the validity of a personal injury claim stemming from a distracted driver. While some cases involve clear proof of negligence on the part of the distracted driver, other cases are not so straightforward. Having an experienced attorney evaluate any claims following distracted driver truck accidents in Cleveland may be highly advantageous.
Personal injury claims can be complicated and require extensive amounts of evidence to support them. These claims are often time-intensive and may require the use of experts to reconstruct accident scenes and establish liability on the part of the distracted driver. Call Tittle & Perlmuter for legal advice from an experienced personal injury lawyer.