Even though trucks are a necessary part of society, their extreme weight makes them dangerous in accidents. To help keep the roads safe, truck drivers must receive extensive training and comply with the federal government’s comprehensive rules.
Unfortunately, truck drivers sometimes operate their vehicles with divided attention. Distracted driving is a dangerous practice that violates state and federal laws. If you were injured in a distracted driving truck accident in Roswell, a commercial vehicle crash attorney could help you seek compensation.
Common Examples of Distracted Driving
Any activity that takes a driver’s eyes off the road, their hands off the steering wheel, or their attention away from navigating would classify as distracted driving. Most distractions greatly increase the probability of an accident. Some examples of attention-diverting behaviors include:
- Eating or drinking
- Looking for something in the cab
- Conversing with passengers
- Adjusting in-cab systems
Additionally, cell phone use is a widespread form of distracted driving. The body that regulates the commercial trucking industry, the Federal Motor Carrier Safety Administration, prohibits commercial drivers from using cell phones for any purpose while on the road. Furthermore, the Official Code of Georgia Annotated §40-6-241c bans drivers from using a cell phone in contact with any part of their body. A truck driver who uses a mobile phone while driving their rig violates state and federal laws.
A knowledgeable attorney in Roswell has experience handling these accident cases and could help a claimant demonstrate that a truck driver engaged in distracting behavior behind the wheel.
How to Prove that a Truck Driver was Distracted
In Georgia, the at-fault driver’s insurance company compensates anyone who suffered injuries or property damage in a collision. Trucking companies carry significant coverage, but they also work hard to limit their liability when accidents occur. An injured person generally must prove that a truck driver operated their vehicle while distracted if they want their accident claim to succeed.
Fortunately, there are many ways of collecting evidence about a truck driver’s activities behind the wheel. If the driver received a citation for distracted driving, it would count as evidence. Even if the driver did not receive a ticket, an attorney could subpoena the driver’s cell phone records to determine whether the phone was in use when the truck accident occurred. Many late-model trucks also come equipped with in-cab cameras that could offer valuable evidence. Statements from witnesses and even the trucker could provide even more crucial information.
Regardless of the circumstances, a detail-oriented lawyer could help a claimant in Roswell collect all the evidence they need to strengthen their lawsuit and prove that distracted driving caused the truck accident.
Does Comparative Negligence Impact Truck Accidents Caused by Distracted Driving?
State law does not allow people to collect damages for injuries they could have avoided. Instead, a court will reduce a plaintiff’s damages to reflect their degree of fault for an accident. A claimant who is primarily responsible for a wreck cannot collect damages from any of the other parties involved.
Trucking companies and their insurers might attempt to use state laws to reduce the amount of money they owe someone injured in a tractor-trailer accident caused by inattentive driving. For instance, a commercial vehicle corporation might try to convince a judge that a plaintiff was speeding or doing something else that contributed to the crash.
Fortunately, a seasoned attorney in Roswell could fight back against these tactics and reveal that the distracted truck driver is the one responsible for the accident.
Contact an Attorney about Distracted Driving Truck Accidents in Roswell
If you suffered injuries in a truck crash and you believe the driver was distracted, you deserve dedicated representation. Truckers should face punishment for blatantly disregarding your safety. You should not have to deal with your injuries and setbacks on your own.
Fortunately, a savvy lawyer could seek damages to help you recover from a distracted driving truck accident in Roswell. Call the office today to get started on your case.