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When fully loaded with cargo, a commercial tractor-trailer traveling on interstate highways can legally weigh up to 80,000 pounds, which is enough mass to cause catastrophic damage to any commuter car and its occupants in the event of a collision. Because of this, it is vital for commercial truck drivers to keep their focus entirely on driving while they are behind the wheel.
Unfortunately, not every trucker lives up to this duty of care, and as you may have recently learned, that can lead to crashes with life-altering consequences. In the wake of a distracted driving truck accident in Harrisburg, pursuing fair financial recovery with a skilled 18-wheeler collision attorney’s help can be vital to minimizing the losses you and your family will have to deal with because of a truck driver’s misconduct.
Proving a Truck Driver Was Distracted Behind the Wheel
Because every truck driver has a legal duty to pay attention while driving, just like every other motorist, any form of distracted driving, whether it involves a cell phone, food or drink, or a conversation with a passenger, qualifies as a breach of duty. Achieving success with a personal injury claim built around any kind of truck crash requires proving that such a breach was the direct and primary cause of an otherwise avoidable wreck.
Sometimes, establishing that a truck driver caused a crash by driving while distracted in Harrisburg is as straightforward as referencing the report written by police officers who responded to the accident scene, as it may include a citation issued to the truck driver for texting while driving or some other traffic offense. In other situations, it may be necessary for an injured person to prove fault for their accident on their own through evidence like witness testimony, dashboard/surveillance camera footage, and telemetry data from a truck’s onboard black box. Legal counsel can help collect and effectively use this crucial evidence.
How Comparative Fault Could Impact Recovery Efforts
A seasoned lawyer can also help contest allegations made by a negligent truck driver or, more often, their employer or that employer’s insurance company that an injured person suing them was partially or even primarily at fault for causing their injuries. Even if a truck driver was provably distracted before a Harrisburg truck wreck, an injured person who also committed a traffic violation or otherwise acted irresponsibly prior to the wreck may have a percentage of comparative fault assigned to them by a court.
Then, that court or an insurance company acting with knowledge that a court would support them if needed could reduce the total compensation available to that person in proportion to their share of total fault for the wreck. Furthermore, under 42 Pennsylvania Consolidated Statutes § 7102, no person found to hold a majority of total fault for their injuries can recover any civil compensation from another partially liable party.
A Harrisburg Attorney Can Help Build Your Distracted Driving Truck Accident Lawsuit Today
Distracted drivers are some of the most subtly dangerous people you can encounter on a public road, and that is especially true for distracted drivers operating massive commercial trucks. Fortunately, if a trucker acting irresponsibly in this way has caused you to get seriously hurt in an ultimately preventable wreck, you likely have grounds to take legal action against them, their employer, and potentially other parties who hold civil liability for their negligence.
A qualified legal professional can explain your options and offer guidance about the next steps following a distracted driving truck accident in Harrisburg. Call today to schedule your confidential consultation.
