As portable phones have become more and more advanced over the years, more and more drivers have caused serious motor vehicle accidents because they were looking at their phones instead of the road. Unfortunately, some of those offending drivers are professional tractor-trailer operators, and the accidents they cause through their negligence can result in especially catastrophic harm to everyone involved.
If a trucker caused you to get hurt because they were texting behind the wheel, scheduling a conversation with a truck accident lawyer may be in your best interests. Seeking comprehensive civil recovery after texting while driving truck accidents in Temple can be tricky to manage alone, but a seasoned legal professional could ensure your case is as strong as possible and tirelessly pursue fair restitution on your behalf.
It is against the law for any motor vehicle driver in Temple to read, write, or send any electronic text message while their vehicle is moving. According to Texas Transportation Code §545.4251, drivers can only use their phones or another electronic communication device while moving if:
Additionally, 49 CFR §392.80 prohibits commercial truck drivers from texting behind the wheel at any point while they are in direct physical control of their truck with the engine running, except in emergency situations. Multiple violations of this federal statute can result in lengthy suspensions or even the permanent revocation of a truck driver’s CDL.
Since both federal and state laws make texting while driving illegal for truck drivers, any trucker who causes a texting while driving truck crash in Temple could be considered legally negligent, and therefore liable for ensuing damages. However, proving that a truck driver’s texting was what directly caused an accident can be tricky in many cases, and individual truckers do not always make for the best defendants in ensuing lawsuits.
Regarding the former issue, police reports filed at the scene of a truck crash do not always note that the trucker involved was texting behind the wheel prior to the incident, so additional evidence may be necessary to conclusively prove fault. A qualified Temple attorney experienced with handling texting while driving truck wreck claims could help collect and preserve relevant evidence like cell phone records, security camera footage, dashcam footage, and eyewitness testimony.
As for the latter issue, truck drivers rarely have enough money to personally cover all the losses stemming from a wreck they caused. Fortunately, trucking companies—which have much more money to pay for civil damages—can often be held vicariously liable for the negligence of their employees, especially if a particular employee had a history of texting while driving violations.
It is never wise for anyone to use a cell phone or smart phone while operating a moving vehicle, and that goes double for the operators of massive commercial trucks. If you got hurt because a negligent trucker failed to act reasonably around you, filing suit against them or their employer may be your best means of preserving your future financial and physical wellbeing.
Texting while driving truck accidents in Temple can cause debilitating and long-lasting harm, but a seasoned truck accident lawyer could help you effectively seek civil compensation for all the harm you sustained. Call today.