Though suing a truck carrier for an accident caused by a truck driver who was texting can be a stressful, time-consuming process, it is also one of the best ways to make certain you receive the full compensation you deserve for your injuries and property damage.
At Max Meyers Law, our truck accident lawyer aims to take the stress off your shoulders and handle the case for you so you can focus on your most important task after a truck crash: your health. Call 425-399-7000 for help with your case.
Can I Sue a Truck Driver Who Injured Me in an Accident While Texting?
Yes, you can sue a truck driver for an accident that occurred due to texting.
Accident claims usually require establishing liability based on the defendant’s negligence. An accident claim must also present evidence connecting the defendant’s negligence to the accident; in other words, the claim must establish causation.
If your accident claim presents evidence showing the driver was texting at the time of the accident, you may be able to establish negligence and liability for the wreck.
How Do I Prove the Truck Driver Was Texting?
Proving a truck driver was texting at the time of an accident can be difficult, but we have several ways to go about it.
First, and perhaps most important, we may retrieve the truck driver's cell phone records. The records should show if the phone was active in any way during or immediately before the crash. Keep in mind, just because the phone records show activity does not automatically mean the driver was doing anything improper.
According to cell phone regulations from the Federal Motor Carrier Safety Administration (FMCSA), truck drivers can engage in phone conversations while driving, but they cannot hold the phone in their hand while doing so. Instead, they must activate voice-free talking and dialing and one-touch answering to make and receive calls. Even scrolling through a contact list long enough to find a number is against the regulations.
The driver's phone records might also show the driver sent or read a text in the seconds before the crash or had just loaded a web page or accessed a social media app, such as YouTube or Facebook. Any such evidence may lend credibility to our claim that a distracted truck driver’s negligence caused or contributed to the crash.
For additional proof, we may retrieve and review photo and video evidence of the crash. We can also interview eyewitnesses who might have caught a glimpse into the cab of the truck at the time of the accident and witnessed the truck driver using a cell phone just prior to the wreck.
Is the Trucking Company Vicariously Liable?
Truck accident claims are different from car accident claims in part because trucking companies have vicarious liability for the actions of drivers. If the driver was carrying out job-related duties at the time of the accident, we can pursue damages from the trucking company.
Trucking companies must carry significant insurance policies, which may allow you to recover full compensation for your damages. Your medical bills alone can cost tens of thousands of dollars, if not more. We can file a claim against the trucking company's insurance for full damages, which might include:
- Current and future medical bills;
- Lost wages and reduced earning capacity;
- Damage to your vehicle and other personal property; and
- Pain and suffering.
Every car or truck accident is unique. The circumstances of your crash will determine the best way to move forward. If the truck driver caused the accident due to texting, you may have legal options available to recover compensation.