Truck accidents caused by distracted driving have the potential to cause a significant amount of damage, but injuries from truck accidents tend to be even more severe than other accidents. Trucks are incredibly large, heavy, and capable of high speeds. As a result, a distracted driver’s momentary inattention to the road could have disastrous consequences.
Distracted driving truck accidents in Austin may have caused you serious injury. Fortunately, a skilled tractor trailer collision litigator is ready to help you seek financial recovery from the negligent parties.
Distracted Truck Drivers
Many truck drivers work incredibly long hours, but when distractions are added to the equation, the consequences can be extremely negative for other drivers. Truck drivers face distractions such as the following:
- Eating and drinking
- Social media use
- Using GPS and maps to make deliveries
- Listening to music or watching videos
- Texting, talking, or using apps on the phone
- Dealing with pets
- Looking at roadside distractions such as police lights or another crash
The potential to be distracted while operating a commercial vehicle is high. Unfortunately, even a momentary distraction can lead to an extremely serious accident.
Why Distracted Driving is More Dangerous for Trucks?
Distracted driving is dangerous for everyone going on the road. But it's even more dangerous when commercial trucks are involved. Given their immense size, weight, and braking limitations, commercial trucks while going on the roads must have heightened awareness at all times.
Even a momentary lapse or losing focus on the road can lead to devastating consequences.
- Increased Stopping Distance: Loaded semi-trucks need 40% more distance than passenger vehicles to stop completely. An Austin distracted driving accident attorney will look at this distance when trying to find fault.
Driving while texting, eating, or adjusting a GPS can lead to distractions and delay the reaction times when immediate braking is required. - Large Blind Spots (No-Zones): Another aspect an Austin distracted driving accident lawyer will check is whether the drivers made mistakes due to significantly larger blind spots. These no-zones areas include:
The area directly in front of the truck;
A large section behind the truck;
The length of both sides, particularly on the right side.
- Greater Force of Impact: A fully loaded 18-wheeler weighs about 80,000 lbs. Yes, it's heavy. Now compare this to a 3,000-lb average weight of a passenger vehicle. One distracted driving truck in Austin can cause havoc on accident-prone highways like the I-35.
The huge mass of a truck can pose immense pressure on the vehicles ahead upon impact. Not only can this cause significant damage to smaller vehicles and infrastructure, but it can also lead to major injuries and, in worst cases, fatalities.
Injuries From Distracted Truck Driving Accidents
As experienced Austin attorneys know, some injuries that can come from distracted truck driving accidents include:
- Burns and skin damage
- Broken, fractured, or crushed bones
- Organ damage or loss
- Traumatic brain injury and spinal cord injury
- Paralysis
- Death
While other injuries are also certainly possible, this demonstrates the type of serious harm that can result from a distracted truck driver. This type of negligence is not only dangerous, but it could result in liability for the truck driver.
Types of Truck Accidents by Distracted Driving
Distracted truck driving in Austin can result in different types of collisions, and each one can have some serious consequences for others.
Rear-End Collisions: Truck drivers who fail to hit the brakes on time because they were distracted or the brakes failed can slam the truck into vehicles ahead of them. As we know, these trucks take a long time to stop, which can result in crashes leading to severe injuries or fatalities.
Jackknife Accidents: Jackknife truck accidents happen the moment its trailer swings out at a sharp angle. Either it swings to the cab or forms an L or V shape. The most common reason for this to happen is when the driver brakes suddenly while they are distracted. Sudden braking causes the trailer to skid uncontrollably, and the truck, in a result, blocks multiple lanes of traffic, leading to multi-car pileups.
Rollover Crashes: Another example of truck distracted driving in Austin is when the driver overcorrects or fails to take the turn properly. This will cause the truck to roll over, and it can crush nearby vehicles while spilling the cargo and posing a significant risk to surrounding traffic.
Underride Accidents: Underride accidents occur when smaller cars coming from the rear go underneath the truck’s trailer. This usually happens when the car coming from the rear fails to notice the slow-moving truck, or the driver hits sudden brakes, causing the fast-going car to crash underneath.
Liability in Truck Driving Accidents
When a truck driver is distracted and causes an accident, liability for the injuries they cause may belong to a few different parties. The distracted driver is responsible for their actions, and likely the resulting harm. A plaintiff must prove in court that the driver’s distraction constituted negligence and that the negligence was the cause of the accident.
The truck operator may not be the only party at fault for a collision. Truck companies could also be liable for their distracted drivers. When the driver was in the course and scope of their employment at the time of the accident, the trucking company may be responsible for the plaintiff’s damages.
Statute of Limitations
In order to win a claim, it must be filed in time. Most injury claims must be filed within two years of the date of the accident, per Texas Civil Practice & Remedies Code § 16.003. Cases against the government are limited to six months if the truck driver was employed by a government agency. A seasoned attorney could help get the case filed in time if brought to before the deadline passes.
Can Trucking Companies be Held Responsible?
Yes, in several instances of truck distracted driving in Austin, the trucking companies can be held responsible. This is because several companies fail to enforce the required safety regulations. Here are some reasons for which they can be held liable;
- Negligent Hiring: The onus of hiring responsible and qualified truck drivers is on the trucking company. If the company hires a driver with a history of traffic violations, DUI offenses, or distracted driving citations, they are liable to pay for the expenses under truck distracted driving in Austin incidents.
- Failure to Enforce FMCSA Rules: The Federal Motor Carrier Safety Administration (FMCSA) enforces some strict rules and regulations to ensure that truck drivers and their companies cannot evade their responsibilities. They have imposed a ban on texting and using handheld devices while driving. This means the companies must monitor drivers for compliance and enforce these rules. If a trucking company fails to discipline drivers who violate FMCSA regulations, it can be held accountable.
Compensation for Accidents After a Truck Driver Distracted Driving in Austin
Truck accident victims can make the truck driver, trucking company, and the State pay for all economic and non-economic damages. This includes;
- Medical expenses include hospital costs, surgery, rehabilitation costs, medication, and future medical costs.
- Cost to recover lost wages, like compensation for missed work and losing earning potential.
- Property damage incurred for repairing and replacing parts of the victim’s vehicle and other personal property damages.
- Non-economic damages like pain and suffering, loss of enjoyment of life, and post-traumatic stress.
Have you ever been involved in a truck accident and not received compensation for damages? Get in touch with DJC Law, and we will help you get fair compensation.
An Attorney Could Help with Distracted Truck Driving Accidents in Austin
Distracted truck drivers are a major hazard to others on the roadway. Texas drivers injured by these negligent defendants deserve to have their case considered and compensation sought.
Distracted driving truck accidents in Austin deserve the skillful representation of knowledgeable counsel. Contact the firm today.