Commercial truckers face distractions at the wheel, just like other drivers. With long shifts, truckers may be tempted to use their cell phone to text, make phone calls, or use their GPS. Doing so can be extremely dangerous to the trucker and other drivers on the road. Truckers who use their cell phones while driving are more likely to cause an accident than those who resist distractions. Commercial trucks are much larger and heavier than other types of vehicles and, as a result, cause devastating damage and injuries during accidents.
When you are involved in a truck accident and believe the trucker was distracted by their cell phone, it is in your best interest to consult a skilled attorney. Our legal professionals handle truck accident cases and can advise you of your potential compensation based on the injuries you suffered. When a trucker is negligent, they can be liable for your injuries, and depending on the circumstances, their employer can also share liability. Discuss your right to financial recovery after texting and driving truck accidents in Austin with our team.
Distracted driving can take many forms, but the most prevalent is texting while driving. It may seem harmless to send a quick message, but looking away from the road, even for a few moments, can have life-altering consequences. According to Texas law, texting while driving is illegal.
Commercial truck drivers also face additional restrictions and fines for cellphone use. The Federal Motor Carrier Safety Association (FMSCA) prohibits the use of cell phones and other handheld devices for truckers. While in transit, truckers cannot use their cell phone for any reason. Failure to follow these guidelines can result in significant fines and loss of employment. Commercial drivers who are cited for texting while driving and causing an accident in Austin can face penalties, and so can their employer.
When a trucker causes a collision because they were texting, they can be liable under a theory of negligence. Their employer can also be responsible if the accident occurred during the scope of their employment. While some truck companies classify their drivers as independent contractors to avoid liability for accidents, there are ways to demonstrate that the driver is an employee. An experienced lawyer can assist victims with proving the trucker’s employer is liable for their negligence by demonstrating the accident occurred within the scope of their employment and the level of control the trucking company has over the driver.
When attempting to recover compensation, a person must prove liability through competent evidence. To prove a trucker was texting while driving, the injured person can rely on various types of evidence. For example, the police report often states if the trucker was texting. Cell phone records are another crucial piece of evidence in truck accident cases. Lastly, eyewitnesses can testify if the trucker was using their cell phone at the time of the accident. An Austin attorney can assist you with investigating a texting and driving truck crash and gathering evidence to support your claim.
When you are injured in a truck accident because the trucker was texting and driving, you may be entitled to recover financial compensation. You can recover the cost of medical care, lost income, and other related expenses from the crash. Our experienced legal professionals want to advocate on your behalf and pursue just compensation after texting and driving truck accidents in Austin. Contact our office to set up a consultation.