Distracted driving is a major cause of motor vehicle accidents, leading to an average of 3,500 fatalities each year. A recent survey revealed that 57% of drivers admitted to eating or drinking while driving, and 27% confessed that texting behind the wheel is a common distraction. With so many potential distractions in modern vehicles, it’s easy for drivers to lose focus, which can lead to serious or even deadly collisions.
If you can demonstrate that the truck driver who caused your accident was distracted, you have the right to hold them accountable for your damages. The law allows you to seek full and fair financial compensation for the losses you’ve suffered due to their negligence.
At Patterson Law Group, we have decades of combined experience handling distracted driving truck accident cases. As your distracted driving truck accident attorney in Fort Worth, we prioritize your best interests and protect your right to recovery. Contact us today to schedule your free consultation with one of our personal injury attorneys.
What Are the Different Types of Distracted Driving?
The Centers for Disease Control and Prevention (CDC) identifies three primary types of distractions:
Manual Distractions:
These occur when a driver takes one or both hands off the steering wheel to perform another task. Common examples include:
Visual Distractions:
These distractions involve taking one’s eyes off the road. Looking away from the road can be incredibly dangerous for truck drivers, leaving them unaware of what’s happening in front of their vehicle. Examples include:
- Personal grooming
- Looking at a passenger
- Reading emails or text messages
- Trying to read directions
Cognitive Distractions:
These distractions happen when a driver’s mind is not focused on driving. Cognitive distractions can occur alongside manual and visual distractions, such as:
- Road rage or aggressive driving
- Daydreaming
- Thinking about personal issues
- Listening to an audiobook
The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations prohibiting truck drivers from using cell phones while driving. Truck operators are not allowed to make calls, press multiple buttons on their phones, or reach for their phones in a way that affects their driving position. Violating these laws can result in civil penalties, commercial driver’s license loss, and significant fines.
How Can I Identify a Distracted Truck Driver?
Like other drivers, distracted truck operators often exhibit behaviors that indicate they are not entirely focused on driving. These behaviors may include:
- Swerving in and out of the shoulder or crossing over the centerline
- Inconsistent speed changes without apparent cause
- Failing to maintain the flow of traffic
- Delayed braking responses
- Braking suddenly for no reason
- Making unexpected or dangerous driving maneuvers, such as abrupt lane changes without signaling
- Taking exits or making turns at the last second
- Following too closely behind other vehicles
You might also notice a truck driver engaging in distracting activities, such as talking on the phone while trying to program the GPS. After a serious truck accident, a clear sign that the driver was distracted may be the absence of skid marks or any attempt to avoid the collision. This can also be corroborated by data from the truck’s black box, which records braking, acceleration, and steering information.
What Should I Do After Being Involved in a Distracted Driving Truck Accident?
If you’ve been injured in an accident caused by a distracted truck driver, acting quickly is essential. While you can start gathering evidence at the scene, your injuries might prevent you from doing so effectively. As your Fort Worth truck accident attorney, we can collect evidence and file your lawsuit or insurance claim while you focus on recovering.
Your first step should be to ensure that local law enforcement is notified of the accident. Allow emergency responders to treat your injuries and take you to the hospital if needed. If you decline immediate medical attention, visit your doctor immediately after the accident. Your doctor will assess your injuries, provide a diagnosis, and recommend any necessary treatment. Following your doctor’s advice carefully is crucial, especially if you’re referred for surgery, physical therapy, or other treatments.
One of the biggest mistakes victims make after a truck accident is delaying medical care. If you wait too long to see a doctor, the insurance company might argue that your injuries are not serious or were not caused by the accident. This could lead to a low settlement offer or even a denial of your claim.
You should also consult with an experienced truck accident lawyer in Fort Worth. Without legal assistance, you may not be aware of the specific deadlines and restrictions that apply to your case, the challenges you might face, or the evidence needed to prove your claim. Our attorneys have the resources to find witnesses, gather critical evidence, and establish fault.
While you concentrate on healing and moving forward with your life, we will manage all the legal aspects of your case. It’s important to keep every appointment related to your accident and maintain records of all receipts, bills, and documents. We will use this information to demonstrate that the truck driver’s negligence caused your injuries.
What Damages Am I Eligible for After a Distracted Driving Truck Accident?
Whether you file a lawsuit or an insurance claim, you are entitled to seek compensation for the physical, emotional, and financial damages you’ve suffered due to the accident. While every truck accident is unique, common forms of compensation include:
- Mental trauma
- Lost income
- Reduced earning capacity
- Vehicle repair or replacement costs
- Medical expenses
- Permanent scarring or disfigurement
- Pain and suffering
- Out-of-pocket costs
A catastrophic injury lawyer in Fort Worth, Texas, will obtain all necessary documentation to calculate the full value of your claim. Insurance companies often try to minimize payouts or deny valid claims, but we are committed to ensuring you receive the compensation you deserve.
When you work with one of our distracted driving truck accident attorneys, they will develop a strong legal strategy to ensure the insurance company pays what is owed. Our goal is to help our clients recover damages to cover their current and future losses. If pursuing a lawsuit against the truck driver and insurance company becomes necessary, we have the determination and resources to do so successfully.
Bringing a personal injury lawsuit requires following specific procedures and meeting strict deadlines. If this period expires before you file, you could lose your right to recover damages. An experienced distracted driving truck accident lawyer can explain the statute of limitations for your case.
What if My Family Member Was Killed in a Distracted Driving Truck Accident?
If you’ve lost a family member in a distracted driving truck accident, you may be eligible to file a wrongful death lawsuit. Wrongful death occurs when someone dies due to another person’s negligence or wrongful act. To seek compensation for your losses, you must speak with a qualified wrongful death lawyer as soon as possible.
Texas laws typically allow certain surviving relatives to file a wrongful death claim. Eligible parties may include:
- A surviving spouse, child, or grandchild
- Surviving siblings, parents, or a dependent who lived with the victim
- A personal representative of the victim’s estate
Generally, the surviving spouse, children, or grandchildren have the first right to file a claim. If there are no such relatives, then siblings, parents, or dependents may be eligible. Finally, the person who stands to inherit the victim’s estate may file a lawsuit if there are no other surviving relatives. It is best to consult an experienced attorney to determine who is eligible to file.
Damages that may be pursued in a wrongful death case include:
- Funeral and burial or cremation expenses
- Emotional anguish
- Medical expenses related to the fatal injury
- Loss of the victim’s earnings and benefits
- Loss of companionship, comfort, and support
At Patterson Law Group, we understand the overwhelming grief that follows the loss of a loved one in a preventable truck accident. We provide compassionate support and legal guidance as you navigate this difficult time. Our goal is to help you obtain justice for your loss and secure the compensation you need to move forward.
Contact Our Fort Worth Truck Accident Attorney
Our Fort Worth distracted driving truck accident lawyer at Patterson Law Group is dedicated to helping injured victims and their families recover the maximum compensation for their injuries and other losses. We offer affordable and reliable legal representation, allowing our clients to hold the responsible parties accountable for the harm they’ve caused.
If you’ve been injured in an accident caused by a distracted truck driver, we are here to help you pursue a full and fair recovery. Contact our compassionate catastrophic injury lawyer in Fort Worth, Texas, to schedule a consultation.
