Every person who drives on public roads in Texas has the same duty under state law to keep their focus entirely on driving at all times, and this duty is especially important when driving a large, heavy commercial truck. Unfortunately, not every trucker takes this legal obligation as seriously as they should, which can cause preventable crashes and serious injuries.
Filing suit over a distracted driving truck accident in Killeen can be vital to protecting your long-term best interests, but this process can be complicated and time-intensive. If you want a fair chance of getting fair financial compensation for your losses, you will almost certainly need help from a seasoned truck accident attorney who has handled cases like yours successfully in the past.
Distracted driving among long-haul truck drivers has become substantially more common over the past several decades than it used to be, thanks in large part to the invention and proliferation of smart phones. In response to this trend, the Federal Motor Carrier Safety Administration has put numerous restrictions on when and how truck drivers can use smart phones and other mobile communication devices, and anyone who violates those rules may face sanctions from the FMCSA, as well as civil liability for any wreck they cause through their misconduct.
That said, texting or talking behind the wheel is far from the only possible cause of a distracted driving truck accident. Other irresponsible behaviors that can make a crash like this more likely to occur include:
No matter what specific form it takes, driving while distracted is a breach of the duty all drivers have to be safe and responsible around each other, which means it can be the basis for a civil lawsuit if it directly results in an otherwise avoidable accident and subsequent injury. A knowledgeable Killeen lawyer can help with understanding these rules and demonstrating a breach of duty after a distracted truck driver causes a collision.
Sometimes, establishing that a distracted truck driver was responsible for causing a wreck is as simple as referencing a police report citing that driver for texting behind the wheel. In many other situations, though, it is necessary to establish fault using various other forms of evidence, including witness testimony, surveillance and/or dashboard camera recordings, photos of the accident scene, and input from accident reconstruction experts.
It is worth noting that even if a truck driver being distracted was the primary cause of a crash, it is not always strictly necessary to prove specifically that their distraction was what led to the crash. For instance, if a trucker sideswipes another vehicle because they drifted out of their lane without signaling, their failure to signal and stay in their lane counts as legally actionable negligence, with or without accompanying proof that they violated that traffic law due to a distraction.
When a plaintiff believes they have enough evidence to prove distraction and hold a truck driver accountable, they can work with a Killeen attorney to bolster their claim for compensation.
Distracted drivers put themselves and everyone around them at risk of getting severely hurt. That said, holding a distracted trucker liable for causing an accident can require significant legal expertise and experience—both of which a seasoned lawyer can provide.
You have rights after distracted driving truck accidents in Killeen, and a qualified legal professional can help you enforce them. Call today to discuss your options.