Harry Gibson on September 15, 2024 No Comments
Chances are you’re guilty of driving while distracted. Even taking a hand off the steering wheel to hold a cup of coffee is considered a form of distracted driving. Motorists do it all of the time and sometimes there aren’t any consequences.
However, when a commercial truck driver is distracted behind the wheel accidents typically happen and the resulting damages can be severe. To help ensure you recover financial compensation, you need an experienced Lubbock truck accident lawyer. Proving a distracted driving accident claim is rarely easy but an attorney can help.
Distracted Driving and Commercial Trucking Regulations
Even though billboards and electronic signs warn drivers of the dangers of distracted driving, accidents still occur.
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving accidents resulted in 3,308 fatalities in 2022. If you’re how Texas ranks nationwide for the percentage of distracted driving accidents, the Lone Star state is 16th. While this isn’t the worst rating in the nation, Texas is still in the top 20 for fatalities caused by distracted drivers.
Distracted driving typically only results in a misdemeanor traffic ticket, if an accident doesn’t occur. For commercial truck drivers, the penalties are a little steeper. Truck drivers also answer to the Federal Motor Carrier Safety Administration (FMCSA), along with local and state laws.
Texas trucking laws mirror those in other states. The law currently doesn’t address all forms of distracted driving but it does cover cell phone usage behind the wheel. To put it simply, Texas law prohibits all drivers, regardless of the type of vehicle, from using their cell phones to send or receive texts while driving. The law only covers talking on a cell phone for drivers with learner’s permits.
If you have a valid Texas driver’s license, you can legally talk on the phone while driving. However, this doesn’t mean it’s a good idea, regardless of what the law says.
While the Lone Star state, including the city of Lubbock, only addresses texting and driving, the FMCSA takes its regulations a lot further. All commercial truck drivers are prohibited from using any form of electronic device while driving—this not only applies to text messages but also phone calls.
How To Prove Distracted Driving in a Commercial Truck Accident
Proving distracted driving in a Lubbock commercial truck accident can be a complex process. Distracted driving is a form of negligence, the truck operator violated their duty of care. Negligence is a crucial element of most personal injury claims. If you can’t show the truck driver’s behavior or actions are negligent, there’s a good chance you can’t recover compensation for your damages.
So, what is a duty of care? This is one of the elements of negligence. Everyone owes others a duty of care, which simply means behaving in a way that doesn’t place others at risk. For motorists, they have a duty of care to other drivers to follow all traffic laws. Thankfully, there are some ways you can prove a truck driver was distracted and neglected their duty of care.
Examine the truck’s black box; all commercial vehicles are equipped with event data recorders (EDR) to capture critical driving information. Yes, these are similar to the black boxes you tend to hear about after an airplane crash. A truck’s black box serves the same single purpose, to record all data while the vehicle’s engine is on. What type of information can you get from the truck’s EDR?
An EDR can record the vehicle’s speed, braking time, and if the driver accelerated shortly before the accident. The black box can even track steering trajectory, something that can be crucial in proving distracted driving. Using the recorded information, you can even tell if the truck driver tried to swerve to avoid the collision.
Even though the truck’s EDR device can produce invaluable evidence, it’s not the only way you can prove that distracted driving is the cause of your accident:
- The truck’s damage: The extent and location of any damage to the truck can help support your accident claim. This can also apply to any damage your vehicle may have suffered.
- Cell phone records: Cell phone records can indicate if the truck driver was texting, searching the web, or talking. Remember, the FMCSA prohibits the use of all electronic devices while the truck driver is behind the wheel.
Some truck cabs are equipped with video surveillance cameras, but not all. If the truck cab has video surveillance, the footage can be used as supporting evidence. The video can show if the truck driver was distracted before the accident occurred.
Don’t forget, electronic device usage isn’t the only type of distracted driving. You should also plan on requesting the truck driver’s hours of service records and/or time sheets. This can show if the truck driver is following the law regarding time spent behind the wheel. Driver fatigue is another common form of distracted driving, especially with commercial vehicle operators.
Pay Attention To Filing Deadlines
You don’t have forever to file an injury claim after a distracted driving accident. If you miss a deadline, there’s a good chance you can’t file a claim to recover compensation. In Texas, you generally have two years to file an injury claim from the accident date—however, there can be exceptions.
If the truck is owned by a government entity, the statute of limitations may be shorter than two years. You may also be able to get the timeline extended if a minor is the injured party. The statute of limitations may not start until the minor turns 18. If your injuries are severe enough to prevent you from participating in your case, the statute of limitations may be paused until you recover.
However, it’s usually best to move forward as soon as possible with a personal injury claim after an accident with a distracted commercial truck driver. Evidence can be lost and witnesses may not be able to recall important accident details.
If you’re involved in an accident with a suspected distracted commercial truck driver, contact an experienced Lubbock collision attorney. This way your attorney can start working on your claim while the evidence is still easily available.
