Establishing liability: In a distracted driving truck wreck case, the primary issue is often establishing liability. This requires demonstrating that the truck driver was distracted at the time of the accident and that this distraction was the cause of the accident. Evidence that may be used to establish liability includes witness statements, phone records, and video footage.
Identifying the distracted behavior: There are many types of distracted driving behaviors that can contribute to truck wrecks, including texting, using a GPS device, eating or drinking, or engaging in other activities that take the driver’s attention away from the road. It is important to identify the specific behavior that contributed to the accident, as this can impact liability and the damages recoverable. The most common distractions we see are the following:
Proving damages: In a distracted driving truck wreck case, damages can be significant, including medical expenses, lost wages, and pain and suffering. It is important to accurately calculate damages to ensure that the injured party is fully compensated for their losses.
Establishing negligence: In addition to establishing liability, it is also important to establish negligence on the part of the truck driver or other parties involved. This may involve demonstrating that the truck driver was not following applicable regulations, such as the Federal Motor Carrier Safety Regulations (FMCSRs), or that the trucking company failed to properly train or supervise its drivers.
Considering settlement options: Many distracted driving truck wreck cases settle out of court. It is important to carefully evaluate any settlement offers to ensure that they fully compensate the injured party for their losses.
