As a Virginia truck accident lawyer can explain, it is well-documented just how distracting using a smartphone can be, whether it is talking to someone, texting, checking social media, or even watching videos or movies. That is pretty evident when you are sitting in a restaurant or riding a train. Everyone you can see seems to be so focused on their phones that they are almost completely unaware of what it is taking place around them. Now imagine that same level of smartphone focus by someone who is behind the wheel of an 80,000 pound tractor trailer that is driving 70 miles per hour.
Any activity that takes a driver’s focus and attention from the road is considered distracted driving. This not only includes using a smartphone, but can also include eating or drinking while driving, fiddling with a CD player or radio, or setting a GPS. A driver who engages in any of these activities not only may be guilty of breaking the law but also greatly increases the risk of causing a serious – if not fatal – car crash.
Unfortunately, as a Virginia truck accident lawyer knows, because truck drivers spend countless hours in their vehicles, many of them engage in the distracted driving behaviors listed above. This – despite all the studies, warnings, and new laws states have passed that prohibit drivers from using their smartphones while driving – distracted driving truck accidents still continue to increase each year, causing thousands of injuries and deaths.
According to statistics from the National Safety Council, more than 1.5 million vehicle crashes are caused each year because a driver was using their cell phone instead of staying completely focused on their driving. In fact, although alcohol-related accidents are still a major factor in fatal car crashes, a driver is six times more likely to be in or cause a vehicle accident if they are texting than if they are drunk.
Did the Truck Have Technology to Prevent Distracted Driving Accidents?
If a truck driver is engaged in some type of distracted driving behavior – such as using their cellphone, eating, grooming, or even talking to a passenger in the vehicle – they may be violating the duty of care that each driver owes to other commuters they share the road with. Every driver is required to use reasonable care while driving and watch out for hazards and dangers on the road. A truck driver who takes their eyes and focus off the road and hands off the wheel while engaging in distracted driving behavior can be found negligent and therefore liable for any injuries a victim sustains in a crash. This also means the trucking company they work for will also be liable.
A thorough investigation of a truck accident by an experienced lawyer will explore whether other parties in addition to the driver and his employer share responsibility for the deadly crash that occurred. It may be the case that the driver’s company has an abysmal safety record but that a broker or a shipper nevertheless hired them to transport a load. When that is the case, there may be grounds for pursuing a claim against those additional parties.
In addition, it is always worth exploring whether the truck involved in a crash was equipped with collision avoidance and collision mitigation technology. If it was not, there could be a possible products liability claim against the manufacturer of the truck for a design defect. After all, research and data shows that collision avoidance and mitigation technology can reduce both the frequency and severity of crashes. Despite that, truck manufacturers do not make this safety technology a standard feature. Instead, they make it an optional upgrade for which they charge thousands of extra dollars for trucking companies to get.
Even if the truck was equipped with collision avoidance technology by the manufacturer, there are many reported instances of this technology failing and not preventing accidents. There have been numerous examples of these telematics systems detecting obstacles on the roadway ahead but the automatic emergency brakes or forward collision warning not activating due to a software or hardware defect. When a preventable collision caused by distracted driving occurs, it is vital to get an experienced truck accident lawyer who can examine whether a telematics system failed and, as a result, failed to prevent a crash that occurred.
For a legal consultation with a personal injury lawyer, call 434-817-3100
What Damages Can Victims Be Awarded in Distracted Driving Crashes?
Some of the damages a Virginia truck accident lawyer can obtain for the victim in a truck accident case:
- Past, present, and future medical expenses
- Past, present, and future loss of income
- Loss of earning capacity
- Pain and suffering, both past and future
- Mental anguish, both past and future
- Permanent disability
- Scarring
- Disfigurement
- Inconvenience, both past and future
- Humiliation
Call MartinWren, P.C. Today
The trucking accident team of MartinWren has been practicing law for years, giving them the insight needed to handle any type of truck crash claim from start to finish. That includes negotiating with insurance companies or going all the way through trial if necessary. Our experienced and compassionate lawyers will be honest about your chances at each step along the way so that you never feel lost or confused during this difficult time in your life. Our goal is always maximum compensation for our clients as quickly as possible while minimizing stress throughout the process.
When you hire MartinWren, P.C., you don’t just get an experienced attorney – you also gain access to our entire team at no additional cost. We have experienced attorneys who are ready and willing to answer any questions that come up throughout the course of your case. We even offer free consultations. With us by your side, there isn’t anything we can’t handle together!
Robert “Bob” Byrne is the first and only attorney in Virginia who has received Board Certification in Truck Accident Law by the National Board of Trial Advocacy. This honor took several years for Bob to achieve, and it demonstrates his commitment to helping individuals and families who have been forever changed in preventable truck crashes.
We understand that right now, you may be wondering what your options are in recovering from this serious injury event. To receive immediate guidance from a VA truck accident lawyer regarding a recent truck accident, call MartinWren, P.C. now.
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