A trucker who is operating a 40-ton vehicle on public roads has a duty to stay attentive and practice safe driving. Sadly, some truckers put other drivers at risk by texting behind the wheel. Texting while driving truck accidents in Sandusky are common and often cause severe injuries to those involved.
If you were injured by a texting truck driver, speak to a seasoned lawyer at Tittle & Perlmuter. Our legal team can walk you through your legal options and help you gather evidence of the trucker’s negligent behavior. If successful, a civil claim can recover compensation for all losses related to the wreck.
Sandusky Truck Operators are Prohibited from Texting While Driving
The Federal Motor Carrier Safety Administration (FMCSA) has strict rules against texting while driving for commercial truckers. According to the FMCSA, truckers who text while operating their rigs are at least 23 times more likely to get into an accident than those who do not.
Specifically, the FMCSA bans holders of commercial driver’s licenses from using hand-held mobile devices to text while driving commercial vehicles. In practice, “texting” includes several actions beyond just sending messages, such as:
- Sending or reading email
- Using instant messaging services such as Messenger or WhatsApp
- Using a keyboard to place a phone call
Drivers who violate this prohibition face fines of up to $2,750 and could lose their commercial licenses for repeated convictions. Trucking companies that allow or require their commercial drivers to use hand-held devices to text while driving also face fines of up to $11,000.
Proving Negligence in a Texting While Driving Truck Accident Case
To recover compensation in any personal injury case, a victim must prove that the defendant was negligent. This typically requires the injured victim to prove four elements:
- Defendant had a duty to refrain from injuring the plaintiff
- Defendant breached that duty
- The breach caused the incident that led to the plaintiff’s injury
- The plaintiff suffered a documentable loss because of the injury
Texting while driving is an act of negligence. If a victim and his or her attorney can prove that the trucker was texting while operating the vehicle, this is sufficient to establish negligence. Our lawyers can help gather this evidence by subpoenaing a truck driver’s cell phone records to establish that he was texting immediately before the accident.
Time Limits on Lawsuits Against Texting Truck Drivers
In Ohio, a plaintiff in a personal injury action must file a lawsuit within two years of the event that caused her injury. For a truck accident, this statute of limitations starts on the date of crash. However, Ohio Revised Code § 2305.15 stops the clock for the duration of the time that a defendant is out of state. If a commercial trucker lives in another state and leaves Ohio immediately after an accident, there may be extensions to the two-year deadline for bringing a claim.
In these scenarios, our experienced lawyers can locate the defendant and hold him accountable. In the meantime, the statute of limitations will not run while the defendant is outside of Ohio’s jurisdiction. However, it is still crucial for any truck accident victim to seek legal counsel as soon as possible after a crash to ensure that the texting driver can be held accountable.
Consult a Sandusky Attorney on Texting While Driving Truck Accidents
A single text message can lead to a crash that impacts a person’s life for months or even years. Victims of texting while driving truck accidents in Sandusky deserve accountability and dedicated support for their trauma.
If you or a family member is in this situation, let the lawyers at Tittle & Perlmuter guide you through the process of seeking compensation. Call us today to discuss your legal options for getting the restitution you deserve.
