It is both irresponsible and illegal for motor vehicle drivers to focus on their phones instead of the road around them. This certainly applies to commercial truck drivers transporting dozens of tons of cargo. Both state and federal law explicitly prohibit truck drivers from doing just about anything with a cell phone or smartphone while driving other than using certain hands-free functions.
Despite these rules, far too many truckers still choose to text behind the wheel, leading to traffic collisions with catastrophic consequences. When you are dealing with injuries sustained in a texting and driving truck accident in Philadelphia, speak with a skilled truck wreck attorney sooner rather than later about the possibility of filing a personal injury lawsuit.
Proving a Truck Driver Was Texting Behind the Wheel
Since texting while driving is against the law for truck drivers traveling on interstate highways and roads within Pennsylvania’s borders, any trucker who commits this illegal action has almost always “breached” the duty of care they owe everyone on the road. If such a breach is the primary cause of an otherwise avoidable accident that results in severe physical injuries, the texting trucker has met all the criteria for legal “negligence.” This means they may be held liable for all losses stemming from the crash.
Effectively proving to an insurance negotiator or a civil court judge that a truck driver was actually texting behind the wheel—let alone that their texting was the “proximate” cause of a crash—can be more complicated than people expect. Getting a positive result from this sort of claim may require comprehensive evidence from multiple sources, such as subpoenaed cell phone records, surveillance/dashboard camera footage, witness testimony, and even input from accident reconstruction experts. A seasoned Philadelphia accident attorney can provide vital assistance with finding, preserving, and incorporating evidence a trucker was texting while driving into a lawsuit or settlement demand.
Possible Obstacles to Effective Civil Recovery
Legal counsel can help navigate around common legal roadblocks that might otherwise keep someone injured in a Philadelphia texting-while-driving truck crash from getting the compensation they deserve. First and foremost, a dedicated lawyer can play a key role in building a strong claim within applicable filing deadlines. The statute of limitations for tractor-trailer collisions is two years in most situations.
Depending on the circumstances, it may also be important to actively contest allegations that an injured person is partially at fault for their own injuries. Any percentage of “comparative fault” the court assigns an injured plaintiff may be used as a proportional reduction from the plaintiff’s final damage award or even as a reason to deny them compensation altogether. A dependable attorney can present a compelling argument against assertions of shared fault to ensure the injured party gets the full amount of compensation they deserve.
Contact a Philadelphia Attorney for Help With a Texting and Driving Truck Accident Case
Texting truck drivers are extremely dangerous to themselves and others around them. Both state and federal laws prohibit texting while driving for very good reason. If you have been hurt in a wreck caused by a trucker who was distracted in this way, they—and not you—should be the one who pays financially for your accident-related losses.
Guidance from capable legal counsel can be crucial to achieving fair financial restitution after a texting and driving truck accident in Philadelphia. Learn more by calling Lowenthal & Abrams, Injury Attorneys.