Truck accidents cause more than their fair share of fatalities and severe injuries and distracted drivers cause a disproportionate number of these wrecks. Truck drivers receive extensive training, and they are certainly aware of the need to direct all their attention to the road. Even so, truckers often engage in distracting activities while operating their rigs which puts everyone else on the road with them in danger.
Get in touch with Phillips Law Group when you or a loved one sustains injuries in a distracted driving truck accident in Mesa. Truck accident claims are far more complex than standard car crash claims, so having a skilled commercial vehicle wreck attorney on your side is critical.
Distraction Is Common Among Truckers
In Mesa and throughout the country, truck drivers must be especially alert while operating their vehicles to minimize the chances of causing a wreck. There are large blind spots on all four sides, and drivers need to have a sense of where nearby vehicles are at all times. Large trucks are also slow to brake to a stop. A driver must be constantly focused on the road ahead to avoid obstacles and have sufficient time to stop if necessary.
The Federal Motor Carrier Safety Administration (FMCSA) issues regulations that govern trucking companies and truck drivers. The FMCSA has published a rule barring drivers of commercial vehicles from texting or using a handheld device while operating their rigs. They may not engage in any function with their electronic devices that requires them to press more than one button.
Although attentiveness is crucial, truckers drive for many hours at a time, they get bored, and they are usually on a strict delivery schedule. Drivers might eat, groom themselves, or smoke while driving, all of which can take their hands off the wheel and their attention off the road. Using their navigation systems and adjusting conditions in the cab can also be distracting.
Proving a Driver Was Distracted
When someone is injured in a truck accident caused by driver error and they seek compensation, they must demonstrate that the truck driver’s actions were negligent and that this conduct caused their injuries. Proving a driver was distracted and that their inattentiveness caused the accident can be challenging and requires the skills of a Mesa commercial truck accident attorney.
A legal professional can subpoena evidence such as police reports, in-cab video, the truck’s data recorder, the driver’s cell phone records, and similar information that could be helpful in a specific case. If necessary, they could engage an accident reconstruction expert to prove that an accident could have been avoided if the driver had reacted a few seconds sooner.
Getting Legal Help Immediately Is Crucial
The statute of limitations for personal injury in Arizona is two years. This means someone injured in a truck accident must file a lawsuit within two years of the crash date. Missing the deadline prevents an injured person from seeking compensation in court and eliminates their leverage to convince the trucking company to settle for a reasonable sum.
There are additional reasons to act swiftly after a Mesa distracted driving truck accident. Insurance companies often approach people who might have claims against the trucking company and offer them a quick cash settlement. These offers can be tempting but they usually represent only a fraction of a claim’s value. When an injured person has legal representation, the insurance companies must communicate through the lawyer, reducing pressure to accept an inadequate offer.
Proving a truck driver was distracted when the accident occurred often requires evidence from the trucking company, such as the truck’s data recorder and in-vehicle video footage. An attorney could request the preservation of that evidence immediately, preventing the trucking company from misplacing or destroying it.
Work With a Mesa Attorney When a Distracted Trucker Causes an Accident
Truck accidents can cause severe injuries. When the accident occurs because a trucker was distracted, you deserve appropriate compensation.
Schedule a free, no-obligation consultation with the team at Phillips Law Group as soon as possible after a distracted driving truck accident in Mesa. Prompt action leads to stronger cases, so please don’t hesitate to call today. Our team looks forward to hearing from you and helping you through this difficult time.
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