According to a report by the Federal Motor Carrier Safety Administration (FMCSA), 71 percent of all traffic accidents involving commercial trucks happen while—and often specifically because—the truck’s driver is focusing on something other than driving. The problem only worsens, thanks to the proliferation of smartphones and the increasing pressure truckers are under to stay on the road longer and complete routes faster.
By hiring and working closely with an experienced commercial vehicle collision attorney, you could give yourself much better chances of recovering fairly after a distracted driving truck accident in Lubbock than you would ever likely have filing suit on your own. Reach out to Chad Jones Law today to begin reviewing the details of your case.
Every commercial truck driver has a “duty of care” under state law requiring them to obey all rules of the road, act responsibly behind the wheel, and keep their focus completely on the road at all times. Driving while distracted constitutes a “breach” of this duty which means anyone who causes a traffic wreck while doing so in Lubbock or elsewhere in the state could be considered legally “negligent” and liable for ensuing damages.
That said, conclusively proving a trucker was distracted in the first place—let alone that their distraction was the main and direct cause of a wreck—can be much more complicated in practice than it might seem on paper. While texting on an electronic communications device behind the wheel is illegal in Texas, and FMCSA regulations prohibit commercial drivers from using any handheld device while in motion, those are just two of many ways in which a truck driver’s attention might be diverted from the road around and ahead of them. Other forms of distraction include eating, adjusting the radio, interacting with passengers, and taking one’s eyes off the road or hands off the wheel for any other reason.
Fortunately, building a civil claim around something other than distraction alone after a wreck like this is often possible. For example, if a truck drifts out of its lane on the highway, it does not matter for civil litigation if they did that because they were distracted by something in their cab or for some other reason. Either way, they broke a traffic law and therefore breached their duty of care, so they would likely bear civil fault for any collision their behavior directly leads to.
Distracted driving truck crashes in Lubbock and throughout Texas can cause catastrophic injuries and losses, especially at highway speeds. Specific recoverable damages that often play a role in cases of this nature include:
It is vital to take legal action sooner rather than later after any type of collision since Texas Civil Practice & Remedies Code § 16.003 typically gives people injured in wrecks a maximum of two years to begin the filing process.
Distracted driving is becoming more and more common every day—and unfortunately, resulting in more and more accidents every day, including some involving large tractor-trailers. When a wreck like this leaves you with serious injuries, understanding and enforcing your right to demand financial restitution could significantly impact what your life looks like moving forward.
A capable attorney from Chad Jones Law could be an irreplaceable ally throughout every stage of a claim based on a distracted driving truck accident in Lubbock. Call today to learn more.
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