Legal Options if Injured by Distracted Truck Driver
We expect professional drivers to pay close attention to the road, but like any other driver, truckers are not immune to inattention. If you or a loved one have been seriously hurt in a truck accident caused by a distracted driver, call an experienced Ohio trucking accident attorney right away.
When you share the road with semi-trucks, you expect the men and women behind their wheels to be paying attention. Nothing should pull the trucker’s concentration away from the road and nothing should be in the way of their steering and braking. However, distracted truckers are all too common. Despite needing drivers to be attentive and professional, all too often truckers try to multitask while driving.
The real problem with distracted truck drivers is that they cause serious and fatal accidents. Distracted driving leads truckers to fail to notice potential hazards, like vehicles pulled to the side of the road, to not see other vehicles on the road, like a car driving alongside them, and to make maneuvers that put other lives at risk, like speeding or improperly changing lanes. A distracted driver is a dangerous and negligent driver.
If you were injured in a truck accident, it might be due to the trucker’s distraction or inattention. By working with an experienced attorney, you may be able to find out for sure. Call Kisling, Nestico & Redick at 1-800-HURT-NOW as soon as possible to work with one of our Ohio truck accident lawyers. We have years of experience handling trucking accident claims and know how to determine if distraction was an underlying factor in your injuries.
Common Causes of Distraction
Almost anything can distract a driver. It simply has to be something that can draw the driver’s mind away from the task at hand. However, certain objects, actions, and events are often to blame for distracted driving, including:
- Talking on cell phones, even hands-free devices
- Texting on a cell phone
- Working on a laptop
- Watching TV
- Eating and drinking
- Personal grooming
- Smoking, including lighting, handling, and putting out a cigarette
- Moving objects around inside of the cab
- Talking with passengers
- Watching an event happening outside of the truck
- Daydreaming or becoming lost in thought
Who is Responsible for a Distracted Driving Truck Accident?
Under the law, employers are responsible for their workers’ actions that occur within the scope of employment. That is why even if a trucker was responsible for an accident that caused your injuries, you may hold both the driver and their employer responsible. You may file a claim against the trucker’s employer since that business is responsible for their actions while at work.
Your Legal Options After a Distracted Driving Accident
If you were injured in a truck accident that you believe was caused by the trucker, contact KNR immediately. We can discuss your legal options, including filing a third-party insurance claim or a personal injury lawsuit in court. Through this type of claim, you can seek to recover:
- Medical expenses
- Lost income
- Pain and suffering
- Mental anguish
- Loss of consortium
Many truck accident cases settle out of court with either the relevant insurer or the motor carrier. However, do not expect quick and easy claims process. While making a successful insurance claim might be all you need and the ideal solution to your current situation, you may also need to move forward with the lawsuit. Even if you and your attorney do not expect to go through a full trial, you may need the legal discovery process to obtain evidence of distraction and prove your claim. Call us today to learn what to expect.
To gain compensation for your injuries after a distracted driving truck accident, you will need evidence that the trucker was not paying attention to their work. This is not always simple. It can be difficult to prove the trucker was holding a cup of coffee or was using a cell phone to text at the time the collision occurred. However, despite these difficulties, an experienced Ohio truck accident lawyer knows how to gather direct and circumstantial evidence to support your claim of distracted driving. A few ways to prove truck driver distraction are:
- Observations noted in the police report
- Footage from nearby traffic and surveillance cameras
- Audio or video from inside the cab
- The trucker’s testimony
- Your testimony
- Witness testimony
- Cell phone records
- Dispatch device records
An experienced Ohio truck accident lawyer will use the discovery process that occurs after filing a lawsuit to subpoena documents, data, and video and to depose witnesses to gather this information.
Call Our Ohio Truck Accident Lawyers for Help
If you were injured in a truck accident caused by a distracted trucker, do not hesitate to contact Kisling, Nestico & Redick. We have years of experience helping individuals hurt in trucking accidents bring successful claims. We offer you the knowledge and resources you need to investigate the crash, gather evidence to support your claim, and negotiate a settlement for the maximum compensation possible.
Call us today at 1-800-HURT-NOW to schedule a free initial consultation.