The clock stops for no one, and nor does the flurry of truck accidents that occur on our roads daily. The culprit? Frequently, the blame for the trucking industry and accidents falls on distracted truck drivers. Fatigue, substance misuse, and most of all, distractions, form a trident of chaos and truck accident that often ends in disaster. Are you a victim of such an incident? It’s essential to understand the legal options available to you, and more importantly, when it’s time to ring up your lawyer.
Distracted Driving Defined
The Ubiquity of Distracted Driving
According to the U.S. Department of Transportation, distracted driving isn’t just about using your phone. It encompasses any action that diverts your attention from the road. Texting, calling, texting while driving, navigating, even eating, texting while driving, drinking, texting while driving, or fiddling with the radio – these seemingly harmless activities can turn deadly in seconds. Isn’t that a sobering thought?
State-to-State Variances in Cell Phone Rules
To complicate things further, cell phone use rules aren’t uniform. Some states strictly prohibit texting while driving, others ban phone calls there altogether, and a few even regulate the use of hands-free devices. Quite the legal labyrinth, isn’t it?
The Risks of Distracted Driving
Distracted Driving and Truckers
Picture this: a trucker, fatigued by long hours on the road, reaches for his phone. Maybe it’s to stave off boredom, maybe it’s to check in with family – the reason doesn’t matter. What does is the chain of events that such as: distracted truck driving, distracted driving truck accidents, trucking accidents and driving can follow: decreased reaction times, failure to spot hazards, improper braking, even complete misses of turns.
The Hazards of Distracted Driving
These actions or inactions of truck drivers can culminate in a serious accident involving the driver error any number of dangerous scenarios: from truck drivers underreacting or overreacting to a situation to truck drivers failing to brake in time, even leading to dreaded jackknifing situations. It’s like playing Russian roulette with an 18-wheeler, isn’t it?
Assigning Liability in Truck Accidents
Driver Errors and Employer Liability
“Who is at fault party who’s to blame?” is the question on every truck accident lawyer and victim’s lips. And while truck driver’s negligence, equipment failure or error is often a contributing factor driving truck accidents, the buck doesn’t stop there. The trucker’s insurance company or employer also bears a hefty portion of responsibility for the calamity.
Liabilities of Trucking Companies
Trucking companies are bound by federal regulations and a legal duty of care to ensure they’re not putting a risk on the road. This includes conducting thorough background checks and providing trucking company and drivers with robust training on the dangers of distracted driving. But their responsibility doesn’t end there. They’re also required to ensure compliance with federal laws, reinforcing the seriousness of the rules. If they drop the ball on any of these fronts, they might find themselves on the receiving end of a negligence lawsuit.
Unpacking Damages in Personal Injury Claims
Types of Damages: Economic, General, Punitive
Victims of distracted driving truck accidents can seek recourse through personal injury claims, which typically provide compensation for three types of damages to the truck driver or passenger, commercial vehicle, or distracted truck driver or commercial vehicle: economic, general, and punitive.
Economic Damages Explained
Economic damages cover the tangible financial losses incurred due to an accident. This could include medical bills, lost wages, diminished earning capacity, and the ongoing costs of rehabilitation. In severe cases, such future medical expenses such as those resulting from severe injuries or in permanent disability, they may also include the cost of adaptations to accommodate the victim’s new circumstances.
General Damages Explained
General damages, on the other hand, address the intangible, non-monetary losses stemming from the causes of truck accident or fatal injuries. These encompass pain, mental anguish, and emotional distress. No amount of money can truly compensate for these losses, but a fair compensation or settlement can at least offer some measure of relief from future pain.
Punitive Damages Explained
Finally, punitive damages are applicable in cases of serious wrongful death claims, gross negligence or intentional misconduct by negligent parties. They’re not designed to compensate the victim, but rather, to punish the wrongdoer and deter others from engaging in similar behavior.
Navigating the Legal Maze with Truck Accident Attorneys
Taking on the causes of truck-ing companies, commercial trucks and their insurers can be an uphill battle. But with the right legal ally, like the experienced attorneys at Butler Prather LLP, the scales can tilt in your truck trucking company’ favor.
The Value of A Personal Injury Claim
A personal injury claim is more than just a route to compensation—it’s a chance innocent victims to recover compensation and for victims to regain some semblance of normality after the upheaval of an accident.
Georgia Auto Law: Your Legal Ally
Their Experience
The experienced truck accident lawyer, truck accident lawyers, and attorneys at Georgia Auto Law come with a wealth of experience in dealing with truck accident lawyers and with such cases, holding negligent truckers and truck companies liable parties and their employers accountable.
Their Dedication
They’re committed to ensuring that justice is served and that victims get the maximum possible compensation.
Why Choose Georgia Auto Law
Why should you choose them? Simply put, their unwavering commitment to their clients and their track record of success make them the right choice.
Conclusion
Accidents resulting from a distracted truck driver accidents attorney drivers and other vehicles can have devastating consequences. However, with the right knowledge and legal support, victims of distracted truck driving and other drivers can navigate their way to justice and avoid liability themselves. If you find yourself in such a situation, remember your rights, understand your options, and don’t hesitate to contact a skilled attorney.
FAQs
What constitutes distracted driving?
Distracted driving is any truck driver distraction activity or truck driver distraction that diverts truck driver distraction attention from driving, including using a cell phone, eating, drinking, talking to passengers, and using the radio.
Who is liable in a distracted driving truck accident?
Both the other truck company, driver and their employer can be held liable for the truck accident.
What damages can I claim in a personal injury case?
Victims can claim economic, general, and in some cases, punitive damages.
Why should I hire a truck accident attorney?
An experienced truck accident attorney can help navigate the legal complexities of truck accident claims and ensure you get the maximum possible compensation.
How does Georgia Auto Law support victims of truck accidents?
Georgia Auto Law offers comprehensive legal support, starting with a thorough investigation, building a strong case, and aggressively advocating for you in court to ensure you receive the maximum compensation.
What is the importance of state-specific cell phone rules in distracted driving cases?
Since cell phone use rules vary by state, understanding these laws is critical for drivers. They can affect the determination of negligence or liability for drivers in a distracted driving case.