How Does Distracted Driving Lead to a Truck Wreck?
Distracted driving is a common cause of truck wrecks. When a truck driver is distracted, they are more likely to cause an accident, often resulting in serious injuries or fatalities. Here are some important considerations in distracted driving truck wreck cases:
- Establishing liability: In a distracted driving truck wreck case, the primary issue is often establishing liability. This requires demonstrating that the truck driver was distracted at the time of the accident and that this distraction was the cause of the accident. Evidence that may be used to establish liability includes witness statements, phone records, and video footage.
- Identifying the distracted behavior: There are many types of distracted driving behaviors that can contribute to truck wrecks, including texting, using a GPS device, eating or drinking, or engaging in other activities that take the driver's attention away from the road. It is important to identify the specific behavior that contributed to the accident, as this can impact liability and the damages recoverable. The most common distractions we see are the following:
- Animal in cab
- Computer onboard messaging system
- Cell phones
Drivers are prohibited from using a cell phone while driving a commercial motor vehicle. 49 C.F.R. 392.80.
- Proving damages: In a distracted driving truck wreck case, damages can be significant, including medical expenses, lost wages, and pain and suffering. It is important to accurately calculate damages to ensure that the injured party is fully compensated for their losses.
- Establishing negligence: In addition to establishing liability, it is also important to establish negligence on the part of the truck driver or other parties involved. This may involve demonstrating that the truck driver was not following applicable regulations, such as the Federal Motor Carrier Safety Regulations (FMCSRs), or that the trucking company failed to properly train or supervise its drivers.
- Considering settlement options: Many distracted driving truck wreck cases settle out of court. It is important to carefully evaluate any settlement offers to ensure that they fully compensate the injured party for their losses.
These are just a few considerations in distracted driving truck wreck cases. Each case is unique, and the specific facts and circumstances involved will impact the legal strategy and potential damages recoverable. An experienced truck wreck attorney can provide guidance on how to best approach a distracted driving truck wreck case.
Why Hire a Truck Accident Attorney in Colorado?
Simply put, hiring an experienced truck accident attorney after your crash gives you the best possible chance of ending up with a good outcome in a very bad situation. Numerous parties may be liable for your injuries, and an experienced attorney from Hagen Nares PLLC will be able to identify those parties and determine how best to pursue compensation. The introduction of these other parties, as well as the complicated web of statutes and regulations, means that pursuing a claim requires a special level of expertise.
Contact a Truck Accident Attorney in Colorado Today
At Hagen Nares PLLC, we have successfully represented clients who were involved in trucking accidents. We understand the laws established by the State of Colorado as well as federal law and will make sure that each party who is liable is held accountable. You don't have to face this alone–call 720-772-8513 today to schedule a Free Consultation.