Trucking is a difficult job, and drivers often have to go long distances on a tight schedule. Understandably, it can be difficult to focus on the highway for such long stretches of time. However, commercial trucks are massive and unwieldy, requiring a driver’s full attention for safe operation. When truck drivers engage in other activities while operating their vehicles, they put everyone else on the road at risk.
In the event of a collision, an inattentive trucker may be held liable for any harm caused by his or her negligence. If you suffered injuries in a distracted driving truck accident in Sandusky, you may be entitled to seek monetary damages. A skilled lawyer at Tittle & Perlmuter can evaluate your case and walk you through your legal options for pursuing compensation.
What Constitutes Distracted Driving?
When operating a motor vehicle, engaging in any activity that diverts one’s attention from the road is distracted driving. An attentive driver should have both hands on the wheel and eyes on the road, and they should only be focused on their surroundings.
Texting is a prevalent and dangerous distraction for drivers, but there are many other types of inattentive behavior on the road. These include:
- Adjusting controls or navigation systems
- Taking one or both hands off the wheel to reach for something
- Singing or dancing
- Reading
- Watching a video or DVD
- Eating or drinking
- Engaging with social media
- Putting on makeup
- Conversing on the phone
Distracted driving among truckers is especially dangerous because trucks have large blind spots and are slow to stop. Truck operators must remain attentive to respond to any dangerous conditions and avoid collisions.
Federal Laws for Phone Use by Commercial Truck Drivers
The Federal Motor Carrier Safety Administration (FMCSA) has issued rules banning commercial truckers from using hand-held devices while driving. However, any sort of behavior that takes a driver’s attention away from the road is reckless and could be considered negligent. An experienced lawyer at Tittle & Perlmuter can evaluate the circumstances of a truck wreck and determine whether distraction might have contributed to the incident.
Securing Evidence for Distracted Truck Accidents in Sandusky
To successfully obtain damages for injuries sustained in a truck accident, a victim must prove that another party’s negligence contributed to the crash. The injured person (plaintiff) must provide evidence that the other party (defendant) was not exercising reasonable care and caused their injuries as a result.
However, obtaining evidence of negligence could be challenging when commercial trucks are involved. Trucking companies often employ various tactics to avoid liability for crashes caused by their employees. If a wreck causes injuries or significant property damage, a trucking company might send its own investigators to the scene to try and limit its driver’s liability. As such, a truck accident victim should seek strong legal representation in his or her area after a crash, especially if it involved driver distraction.
Proving a Trucker’s Inattentiveness
At Tittle & Perlmuter, one of our skilled attorneys can immediately send a notice demanding the preservation of evidence. This is crucial in proving that a trucker was unfocused on the road and liable for the accident. Potentially relevant evidence could include:
- Surveillance footage
- The truck’s black box
- Cell phone records
- GPS data
Using these forms of evidence, a seasoned local attorney can help a plaintiff prove that the truck driver was distracted at the time of the crash.
Types of Damages in Distracted Truck Driver Accidents
Damages in a personal injury case are meant to compensate the plaintiff for her losses. A damages award typically includes compensation for various economic losses, such as:
- Medical expenses
- Lost wages
- Lost opportunities to earn income in the future
Additionally, awards often include payments for other intangible losses stemming from an injury, such as physical pain, mental anguish, disfigurement, and loss of enjoyment of life. Ohio Revised Code § 2315.18(B)(2) limits the maximum amount of non-economic damages to either three times the plaintiff’s economic losses or $250,000, whichever is greater.
However, the cap on damages does not apply if the plaintiff suffered certain specified injuries that permanently impact her quality of life and ability to work. An experienced accident lawyer at our firm can determine whether non-economic damages caps apply for a particular distracted driving truck accident case.
Consult a Sandusky Attorney on Distracted Driving Truck Accidents
Distracted driving truck accidents in Sandusky are unfortunately all-too common. If you suffered harm because of an inattentive trucker, you deserve experienced counsel by your side. The trucking industry commits huge resources to limiting their liability in crashes, and it will be difficult to get the compensation you need without a dedicated legal advocate.
Call the lawyers at Tittle & Perlmuter today to discuss your situation and learn how we can fight for your rights. One phone call could make all the difference in the success of your claim.
