Distracted Driving Truck Accident Lawyers in Indianapolis, IN
Tractor-trailers are massive vehicles that can weigh up to 80,000 pounds when fully loaded. A single error or moment of inattention on the driver’s part could spell disaster. Unfortunately, truck drivers often fall victim to the same distractions as other motorists. When truck drivers are distracted or inattentive, innocent people could be severely injured or killed.
If you’ve been injured in a truck accident involving a distracted truck driver, contact the attorneys at Craig, Kelley & Faultless right away. Our Indianapolis distracted truck accident lawyers have been helping crash victims for more than 30 years. The American Institute of Personal Injury Attorneys named us one of their ten best law firms of 2015. We know the physical, emotional, and financial impact a truck accident can have on your life. That is why we work hard to help people like you seek fair compensation after accidents caused by others’ negligence or disregard for safety.
Contact our office or call us at (800) 746-0226 for more information on how we can help you after a distracted driving truck accident.
Types of Driver Distractions
According to the Centers for Disease Control and Prevention (CDC), there are three main types of driver distractions. They are:
- Manual — A manual distraction is anything that causes a truck driver to take one or both hands off the steering wheel.
- Visual — A visual distraction is anything that causes a truck driver to take their eyes off the road.
- Cognitive — A cognitive distraction takes the driver’s mind off the task of operating the vehicle. Driving a large truck requires focus and concentration. A truck driver who isn’t paying attention to what they’re doing is much more likely to cause a crash.
Common Causes of Truck Driver Distraction
Some of the most common causes of truck driver distraction include the following:
- Talking or texting while driving — Texting while driving is one of the most dangerous distractions for any driver, especially truck drivers. Talking or texting on a phone while driving usually requires the use of at least one hand. This makes it harder for truck drivers to maintain control over their vehicles. A truck driver talking on the phone isn’t fully focused on what is happening around them. All of these factors make a distracted driving accident more likely.
- Eating or drinking — Because truck drivers often spend long hours on the road, they may choose to eat meals while behind the wheel. A driver who is eating or drinking may look away from the road and is likely not have both hands on the wheel. These are cognitive, visual, and manual distractions.
- Looking at a navigation device — Truck drivers frequently use GPS navigation devices to help them find the quickest route to their destination. These devices can be helpful, but truck drivers should input their destination while the truck is parked.
- Adjusting in-vehicle controls — Modern trucks have many in-vehicle controls for things like air conditioning, navigation system, music, and others. These controls can be distracting if drivers aren’t careful about where and when they use them.
- Music — Listening to music while driving can be distracting. Using music apps on your phone or fiddling with the vehicle’s radio often requires taking your eyes off the road and hands off the wheel.
- Rubbernecking — Many distracted driving accidents are caused by drivers paying too much attention to something else happening on the road. It’s essential to be aware of what is happening around you. Truck drivers shouldn’t let themselves be distracted by accidents, broken-down vehicles, traffic stops, or other roadside distractions.
- Impaired driving — A truck driver impaired by prescription drugs, alcohol, or illegal drugs, will have a harder time focusing on the task of driving and have slower reactions to traffic hazards. Because of the danger posed by impaired truck drivers, the Federal Motor Carrier Safety Administration (FMCSA) established a blood alcohol concentration (BAC) of .04% as the legal limit of intoxication for commercial truck drivers. That lower BAC limit is more strict than the DUI standard of .08% for other motorists. Despite the consequences, some truckers make the bad decision to drive under the influence of alcohol or drugs and cause devastating accidents as a result.
Dangers of Distracted Driving
Visual, cognitive, and manual distractions significantly hinder a driver’s ability to safely operate a vehicle. Because driving an 18-wheeler or another large commercial vehicle requires specialized skill and attention, even a momentary distraction could be enough to cause a severe or fatal injury crash.
A distracted truck driver might drift into another lane, fail to notice traffic congestion ahead of them, fail to see a hazard in the roadway, or be unable to operate their vehicle safely. When this happens, they could easily cause a crash.
When a large truck hits a passenger vehicle, motorcycle, cyclist, or pedestrian, the consequences are often devastating.
Some of the most common injuries suffered in distracted driving truck accidents are as follows:
- Traumatic brain injuries
- Head and neck injuries
- Back, spine, and spinal cord injuries
- Crush injuries and internal organ damage
- Broken bones and fractures
- Loss of limbs
- Mental anguish and post-traumatic stress
Laws on Distracted Driving for Commercial Truck Drivers
According to the Federal Motor Carrier Safety Administration (FMCSA), all commercial motor vehicle drivers are banned from texting while driving. Truck drivers are also prohibited from talking on a phone unless they are doing so hands-free. Penalties for breaking the law include a fine of up to $2,750 for drivers and $11,000 for employers who allow or require drivers to use a hand-held communications device while driving. Multiple offenses may result in the driver being disqualified.
How Can You Prove Distracted Truck Driving Caused the Accident?
Proving that a truck driver was distracted at the time of a crash can be a challenge. A truck accident lawyer will know the types of evidence to seek.
Some evidence that is used in distracted driving truck accidents includes the following:
- Police accident reports — Sometimes, a truck driver will admit to being distracted when they’re being interviewed by police after a crash. The responding officer will likely note that fact in their crash report.
- Eyewitness accounts — You or another driver may have seen a truck driver talking on the phone, texting, or acting distracted before the crash. If there are eyewitnesses to a truck accident, you should try to get their names and contact information.
- Phone records — The driver’s cell phone records may reveal that the truck driver was talking on the phone at the time of an accident, showing that the driver was likely distracted
- The truck’s electronic data recorder — Most modern trucks are equipped with electronic devices that record their speed, braking, location, and other information as the truck is moving. This information may help determine what the truck driver was doing before the crash. For example, the data may reveal that the truck driver failed to brakes because the driver was distracted and not looking at the road.
- Surveillance photos or video — Sometimes, surveillance cameras capture a truck accident, and the pictures or video footage can shed light on what happened. The camera may have caught the truck driving while distracted.
Proving Liability in a Distracted Driving Truck Accident Case
Before you can recover any compensation in a distracted driving accident case, you’ll need to prove that the truck driver or another party is liable for your injuries. This generally means showing that the truck driver or trucking company was negligent in some manner and that their negligence directly harmed you.
For example, a truck driver texting immediately before an accident would be considered negligent. The driver is breaking federal regulations, and the driver’s actions directly caused the crash. The more evidence you have to establish liability in a distracted driving truck accident claim, the more likely it is that you can recover compensation for your injuries.
Common Type of Crashes Due to Distracted Driving
Some of the most common types of truck accidents include:
- Head-on collisions
- Rear-end crashes
- T-bone accidents
- Jackknife accidents
- Rollover accidents
- Underride/override accidents
- Sideswipe accidents
Contact a Distracted Truck Driving Accident Attorney in Indianapolis, IN
If a distracted truck driver caused an accident that injured you or someone you love, you may have the right to seek answers and justice through a personal injury claim.
An Indianapolis distracted truck accident lawyer can help you hold the at-fault party accountable, whether it is the truck driver, the company responsible for hiring and supervising the driver, or someone else. Contact Craig, Kelley & Faultless for a free initial consultation with one of our experienced truck accident attorneys today. We’ll be ready to discuss your case and how we could help.
Testimonial
“I am really happy with Chris and all of staff I have worked with over the past years.. The group has gone above and beyond to make sure I was satisfied.. The group was always available and very quick to respond to any of my questions! Thanks so very much for your help in this matter!!”
Review by: Terrell C.
Date published: June, 2022
Rating: ★★★★★ 5 / 5 stars