Distracted driving is dangerous driving. While it is something that many of us are guilty of, distractions can be especially dangerous for truck drivers. A large commercial truck in Florida can weigh as much as 80,000 pounds. When a truck driver looks at their smartphone, eats lunch off of the passenger seat, or plays with their GPS, they put everyone else at risk. Truckers have a responsibility to keep their full focus and full attention on the road at all times.
At Bernheim Kelley Battista, LLC, our truck accident lawyer in Fort Lauderdale has the skills and experience to take on all types of distracted driving accident claims. If you or your loved one was hurt in a collision with a distracted trucker, we can help. Our firm is committed to fighting for justice and full financial compensation for injured victims. We’re your personal advocates in your personal injury case. We prioritize your well-being, ensuring you receive constant, one-on-one support and communication directly from experienced attorneys, not paralegals or junior lawyers. When you choose us, you’re choosing a dedicated, personal approach to your case. Your journey to justice is our mission, and your unique needs are our top priority. Contact our personal injury lawyer in Fort Lauderdale today for a free, no-obligation consultation.
What is Distracted Driving?
The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as “any activity that diverts attention from driving.” Distracted driving is dangerous. It can come in a number of different forms—from texting and driving to fumbling with GPS directions and driving.
Distracted Driving: Know the Statistics
Distracted driving is a serious public safety hazard. Thousands are killed in collisions with distracted drivers each year. Notably, distracted driving is especially dangerous in the trucking industry. The Federal Motor Carrier Safety Administration (FMCSA) cites distracted driving by truckers as a causal factor in approximately seven percent of fatal crashes. Nearly 260 people are killed and thousands more are hurt in distracted driving truck accidents each year.
Common Types of Truck Driver Distractions
Trucker distractions come in a wide range of different forms. Similar to accidents caused by truck driver fatigue, these collisions require a comprehensive investigation to determine exactly what went wrong and why it went wrong. Here are some common types of truck driver distractions:
Texting and driving;
Talking on the phone;
Adjusting the radio or GPS;
Reading maps or directions;
Eating or drinking;
Watching videos or browsing the internet;
Rubbernecking at accidents;
Observing scenery or landmarks;
Searching for items in the vehicle; and
Excessive thoughts or daydreaming.
What to Do After a Truck Accident Due to Distracted Driving?
Were you involved in a crash with a suspected distracted trucker? It is imperative that you take proactive steps to protect your rights and interests. Here are five key things you should do:
Stop your vehicle and exchange information with the trucker;
Report the crash to state or local law enforcement;
Get medical care for any injuries (emergencies take priority);
Document the scene of the semi-truck accident; and
Consult with a Fort Lauderdale truck accident attorney.
Fault for Truck Accidents Caused by Distracted Driving
Florida is a no-fault insurance state. However, the standard only applies to minor and moderate collisions. Many semi-truck accidents result in severe injuries. If you suffered a serious injury in a crash with a distracted trucker, you have the right to hold them liable for your injuries. A trucker and trucking company may be legally responsible for crash damages caused by negligence.
How to Prove Truck Driver Distraction
All semi-truck accidents require a comprehensive, thorough, and detail-driven investigation. Injured victims need evidence to prove distracted driving. Unfortunately, some truckers may falsely claim that they were not distracted. At BK Law, our team takes on the upfront costs and investigates the accident for our clients. Some notable forms of evidence in distracted driving truck accident cases in Florida include:
Cell phone records, to show any calls or texts made during the time of the accident;
In-cab cameras or dashcams, providing real-time visual and audio footage;
GPS and electronic logging devices, which monitor the truck’s location and driver’s hours;
Eyewitness testimony, including statements from other drivers, pedestrians, or passengers;
Police reports, containing detailed, official accounts of the incident; and
Truck’s black box data, recording the vehicle’s operational details pre-crash.
What are the Consequences of Distracted Driving For Truckers?
Semi-truck crashes are a big deal. Whether it is a truck accident due to negligent maintenance or due to any other factor, there can be major consequences. Notably, a distracted trucker may be cited for a violation if they cause a crash in Florida. It could have ramifications for their commercial driver’s license (CDL). That will depend on many different case-specific factors, including the trucker’s previous history. Beyond that, a distracted trucker—and their company―should be held civilly liable for a serious crash caused by negligence.
Contact Our Florida Truck Accident Lawyers Today
When you file a claim with an insurance company after their client caused a crash, they jump into action to resolve the case; however, their motivation is not to pay you every last cent you deserve. An insurance company’s main focus on any given claim, yours included, is to pay as little as possible while still absolving themselves and their client of any future legal action stemming from the case. The insurance industry has decades of experience with this goal, and their playbooks give an adjuster seemingly endless ways to cut corners on a settlement. At BK Law, we fight tirelessly to help truck accident victims secure the absolute maximum financial compensation. We are standing by, ready to protect your rights and interests. If you were hurt in a crash with a distracted trucker, please do not hesitate to contact us today for a free consultation. From our offices in Fort Lauderdale, Miami, Fort Myers, Starke, and Jacksonville, we handle distracted trucker accident claims throughout Florida.