Texting While Driving Truck Accidents
Despite both federal and state laws prohibiting the use of any handheld electronic device while operating a moving vehicle, far too many truck drivers become distracted by their phones during long-haul journeys across the state. Unfortunately, this has led to numerous accidents in recent years, some of which have had permanent consequences for the other parties involved.
Filing a lawsuit concerning a texting while driving truck accident could be key to recovering financially from the harm a truck driver’s negligence caused you, but it can also be a difficult endeavor on your own. An experienced commercial truck accident lawyer can serve as a crucial ally and source of legal guidance throughout the litigation process, whether it ends with a court verdict or a private settlement.
How a Traffic Violation Could Demonstrate Negligence
Regardless of the cause, the core element of many truck accident lawsuits falls under negligence. Any time truckers do something to breach their duty to act responsibly behind the wheel, this legal principle allows them—or their employers or insurance providers—to be held financially liable for any damages that occur as a direct result of the misconduct.
Since breaking a traffic law is a clear-cut example of negligent behavior, any truck driver who violates Federal Motor Carrier Safety Administration regulations regarding texting while driving—or Ohio Revised Code §4511.204, which establishes a texting while driving prohibition at the state level—would almost certainly be found at fault for an ensuing wreck. However, knowing that a truck driver was negligent and proving so in civil court or during private settlement negotiations is completely different.
After a truck accident caused by texting while driving, an attorney can help seek out police reports, eyewitness accounts, security camera footage, and other forms of evidence that could be used to demonstrate fault for the crash. If necessary, he or she can even file a subpoena for a trucker’s cell phone records and other relevant information that may show what actions were taken immediately prior to the accident in question.
Seeking Fair Recovery Within Legal Time Limits
Due to the immense size and weight of commercial trucks, collisions involving these massive vehicles tend to cause extensive physical, financial, and personal losses. Guidance from legal counsel is often essential to maximize recovery for both economic and non-economic damages, including medical bills, pain and suffering, vehicle replacement costs, and more.
As with any personal injury case, civil claims based on texting while driving truck wrecks are beholden to a filing deadline set by the statute of limitations. As per O.R.C. §2305.10, prospective plaintiffs who wait more than two years after discovering they suffered harm due to someone else’s negligence will likely be unable to recover any compensation because the case is time-barred.
Discuss Texting While Driving Truck Accident Claims with an Attorney
On top of concerns about your future prospects, you may have a lot of questions about your legal options after a crash you believe stemmed from a trucker texting behind the wheel. Fortunately, working with an experienced lawyer is a great way to both get the answers you want and effectively pursue the compensation you deserve.
After seeking appropriate medical care, speaking with legal counsel should be your top priority following a texting while driving truck accident. Call Tittle & Perlmuter to set up a meeting today.