Texting and Driving Truck Accidents in Loveland
Federal law prohibits commercial truck drivers from using a handheld mobile device for any purpose while operating a tractor-trailer for commercial purposes, and state law bans all drivers from reading, writing, or sending text messages behind the wheel. Unfortunately, these laws do not stop a significant number of truck drivers from engaging in this irresponsible behavior.
When you believe a texting truck driver is to blame for a collision that left you injured, you may have grounds to pursue civil litigation against the driver and their employer. Texting and driving truck accidents in Loveland can be complicated even when it seems obvious who is at fault for a wreck, and guidance from a knowledgeable truck accident attorney could help you achieve the best possible resolution to a lawsuit or settlement demand.
Building a Claim Against a Texting Truck Driver
Since texting and driving is against state law and use of a mobile device outside of hands-free mode is illegal for truck drivers nationwide, any truck driver who uses their phone to text while behind the wheel has “breached” the “duty of care” they owe everyone else on the road. Anyone who can prove the breach was the cause of an otherwise avoidable car crash that left them with a serious injury has grounds to demand compensation for their ensuing losses from the “negligent” person who caused their wreck.
In some situations, proving a truck driver was texting while driving right before a truck accident in Loveland is as straightforward as referencing a police accident report, which may include a citation for texting while driving that would serve in court as evidence of negligence. In other situations, it may be necessary to track down other evidence, including subpoenaed cell phone records indicating when specific messages were read, written, or sent.
Recovering for Short-Term and Long-Term Damages
A truck driver who causes an injury by texting behind the wheel, as well as their employer, may be liable to pay for both economic and non-economic consequences of that injury, including but not limited to:
- Physical discomfort and pain
- Emotional and psychological anguish
- Lost work income and/or working capacity
- Medical bills, including expected costs of long-term care
- Lost enjoyment of life and other effects of permanent disability
- Personal property damage, including costs of vehicle replacement if necessary
Courts can impose additional “punitive damages” against truck drivers who cause wrecks in Loveland by texting and driving, but these are typically reserved for cases involving egregious negligence or intentionally malicious actions.
Discuss a Possible Texting and Driving Truck Accident Lawsuit with a Loveland Attorney
Texting while driving or otherwise distracted is negligent behavior, and any truck driver who does it puts themself and everyone around them at risk. Despite this, building a comprehensive claim over a wreck caused by a texting trucker can be deceptively difficult, especially when you try to do it alone.
Assistance is available after texting and driving truck accidents in Loveland from a capable lawyer with a track record of case success. Learn more by calling today.
