Distracted Driver Truck Accident Lawyer in Colorado
Distracted driving is a dangerous activity for any driver, but especially truckers. Tractor-trailers can weigh as much as 80,000 pounds. A momentary distraction could send a big rig plowing into neighboring motorists and pedestrians, leaving victims with devastating and life-threatening injuries.
If you’ve been injured in a semi-truck crash involving a distracted driver, contact the Colorado truck accident lawyers at Earl & Earl, PLLC, today. Truck accident cases are very different from standard auto accident claims. It takes an in-depth investigation, a thorough understanding of federal and state trucking laws, and strong evidence to build a successful case for maximum compensation.
Full and fair compensation can restore your financial security and get justice for the pain you’ve experienced. There’s no reason to wait. Call or contact us today for a free consultation with a knowledgeable truck accident lawyer. Colorado truck distracted driving from Earl & Earl, PLLC
Truck Driver: Distracted Driving Laws in Colorado
The Federal Motor Carrier Safety Administration (FMCSA)reports that commercial vehicle drivers are six times more likely to be involved in a crash, near-collision, or other “safety-critical” event if they use a cell phone while driving. For this reason, FMCSA regulations prohibit truck drivers from texting while driving. Failing to comply with these rules could cost truck drivers their commercial driver’s license, along with additional penalties.
In addition, Colorado law makes it a crime for anyone, including truck drivers, to create or send a text message while driving, except in certain public safety and emergencies.
Common Types of Truck Driver Distractions
There are three main kinds of driver distractions:
- Visual – A visual distraction is anything that takes a truck driver’s eyes off the road and the area immediately around the vehicle. If a driver can’t see what’s around them, they can’t anticipate or respond to hazardous situations while driving. A driver who can’t see where they’re going might also drift out of their lane or off the road entirely, causing a crash.
- Manual – A manual distraction causes a truck driver to take one or both hands off the wheel. Both hands are necessary to control a vehicle effectively.
- Cognitive – Anything that takes a truck driver’s focus and concentration off the act of driving counts as a cognitive distraction. Truck drivers may also be especially prone to cognitive distractions because of the long hours they spend each day on monotonous stretches of road.
Common causes of distracted driving among truck drivers include:
- Talking on a cell phone
- Sending or reading a text message
- Adjusting the music in the vehicle
- Daydreaming
- Rubbernecking, or looking at an accident in another lane
- Eating or drinking
- Talking to passengers
- Using a navigation device
Texting while driving is considered the most dangerous form of distracted driving. That’s because it encompasses all three types of distractions. Texting takes a trucker’s hands off the wheel (to type a message), their eyes off the road (to read a reply), and their mind off the task of driving safely (to process the information and compose a response).
How To Prove Distracted Driving in a Truck Accident Lawsuit
Before you can claim compensation for a truck accident caused by a distracted driver, you’ll need to demonstrate that their negligent behavior caused the crash and led to your injuries. You’ll need to back up that claim with evidence, such as:
- Cell phone records – Comparing the truck driver’s cell phone records against the timeline of the accident may show if they were talking on the phone at the time of the crash or if they had just read or sent a text message.
- Eyewitness accounts – Another motorist may have noticed that the truck driver was distracted before the crash. Witness testimony can be compelling proof in a truck accident claim.
- The truck’s electronic data recorder – Most trucks are now equipped with electronic devices that record engine data and other information. This data may show if the driver suddenly applied the brakes or if the truck drifted out of its lane, both suggestive of distracted driving.
- Accident scene photos – Photos from the crash site may show skid marks or other signs that the truck driver had to react quickly during the wreck, demonstrating that they may have been taken by surprise.
- Police reports – In some cases, a truck driver’s statement to the police may reveal that they were distracted while driving.
Compensation After a Distracted Driving Truck Accident
If you can prove that a truck driver was distracted before a crash, you could claim substantial compensation for your injuries. This may include money for:
- Medical bills
- Lost wages
- Lost earning potential
- Value of any property damage
- Pain and suffering
- Mental anguish and lost quality of life
Contact a Trucking Distracted Driving Lawyer in Colorado for Help
