For most truck drivers, the pressure of operating a massive tractor-trailer around much smaller vehicles is enough to keep their attention on the road around and ahead of them at all times while they are in motion. Unfortunately, some truckers allow their train of thought to wander, sometimes resulting in calamitous accidents that have life-changing effects on the other parties involved.
If a distracted truck driver collided with your vehicle and caused you serious harm as a result, you should not have to bear the financial and personal burdens of your ensuing damages alone. A qualified truck accident lawyer could explain to you how distracted driving truck accidents in Temple could justify civil litigation, as well as how you could exercise your right to file suit.
Just about every truck accident claim revolves around a theory of “legal negligence.” This means a truck driver or trucking company is liable for accident-related injuries if they did something reckless, careless, or illegal to directly cause that incident. However, proving that distracted driving led to a truck accident in Temple can be complicated in numerous ways.
For example, with the exception of texting behind the wheel, no form of “distracted driving” is expressly prohibited by state law or by federal trucking law. Due to this, distracted driving truck crash victims often cannot prove negligence by referring to a traffic citation in an official police accident report, a strategy that can be key to proving fault for other types of accidents.
With help from a seasoned truck accident attorney, though, an injured prospective plaintiff could more effectively and efficiently track down and preserve other evidence of fault for their injuries. Relevant evidence may include:
Through a successful lawsuit or settlement demand, a Temple resident injured in a distracted driving truck wreck may seek restitution for various economic damages like medical expenses, car replacement costs, and lost work income, as well as non-economic forms of harm like physical pain and emotional anguish. However, state law sets strict time limits on how long an accident victim can wait to file suit after discovering that negligence caused their injuries.
As per Texas Civil Practice and Remedies Code §16.003, waiting longer than two years after a truck crash to file suit over that incident may result in the case being time-barred and the plaintiff being left without any means of financial recovery. Working with a qualified truck accident lawyer is often crucial to constructing a strong case within this statutory deadline.
Any time the negligence of a truck driver, trucking company, or other third party leads to you getting hurt, you should have grounds to file suit against them and seek restitution for every injury and loss you sustain as a result of their misconduct. However, distracted driving truck accidents in Temple can make for uniquely complex civil cases, especially if try to pursue yours without professional legal guidance.
A dedicated truck accident lawyer could guide you through every step of your claim and work with you to pursue a favorable outcome, whether it takes the form of a private settlement or a verdict in civil court. Call today.