If you were recently involved in a commercial truck accident that was caused by a distracted truck driver, contact an experienced distracted driving truck accident attorney from Burg Simpson
Every year, an average of 3,500 people are killed in motor vehicle accidents caused by distracted driving. A recent poll showed that nearly 57% of drivers admitted to eating or drinking behind the wheel, while 27% admitted that texting while driving was a common source of distraction from their driving. For drivers in today’s world, there is no shortage of distractions to pull their focus from the road. Anything that redirects their attention away from driving could easily lead to a serious or even fatal collision in the blink of an eye.
If you can prove that the truck driver who caused your accident was not paying attention to their surroundings, you can hold them responsible for your damages. The law entitles you to full and fair financial compensation for the losses you sustained as a result of their negligence.
At Burg Simpson, we have more than four decades of experience handling distracted driving truck accident cases. You can rely on our law firm to protect your best interests and your right to recovery. Call us today to schedule your free consultation with one of our personal injury attorneys.
The Centers for Disease Control and Prevention has identified three different kinds of distractions, which are:
This type of driver distraction takes place when the driver takes one or both of their hands off of the steering wheel in order to complete a task. Some common examples include:
These distractions take place anytime the driver takes their eyes off the road ahead to look at something. When truck drivers take their attention off the roadway, they are no longer aware of what is happening in front of their vehicles. Some common examples of visual driving distractions are:
A cognitive distraction is one that requires the driver to pull their focus away from driving and concentrate on something else. Cognitive distractions include:
The Federal Motor Carrier Safety Administration has banned truck operators from using a cell phone while they are behind the wheel of a commercial truck. Truckers are not permitted to use their phones to make any calls, press more than one button on their phone, or reach for their cell phone in such a way that they are no longer seated in the proper driving position. Breaking these laws can lead to civil penalties, the revocation of their commercial driver’s license, and hefty fines.
Similar to other drivers, a distracted truck operator will usually exhibit certain characteristics that make it clear they are not giving their full attention to the task of driving, including:
You may also physically observe a trucker in their cab participating in distracting behaviors, such as talking on their phone or trying to program their truck’s GPS.
After a serious truck accident, one of the most obvious indications that the truck operator was distracted in the seconds leading up to the crash is the lack of any attempt at braking or avoiding the accident in any way. This can be reflected in the absence of any skid marks on the roadway, or by data collected by the truck’s black box, which includes information regarding braking, acceleration, and steering.
If you were injured in an accident caused by a distracted commercial truck driver, you need to take action by contacting a truck accident lawyer as soon as possible. While it’s ideal to take note of all evidence at the scene of the accident, you may sustain serious injuries that preclude you from collecting sufficient evidence and information. At the law firm of Burg Simpson, our lawyers can begin working on collecting relevant evidence as soon as we sign you as a client. We will also work on filing your lawsuit or insurance claim while you are in the hospital trying to recover from your distracted driving truck accident injuries.
The first step after the accident is to make sure that you or someone else has notified local law enforcement of the truck accident. Let emergency responders treat your injuries and take you to a local emergency room, if necessary. If you choose to decline emergency medical care, make sure to see your family physician promptly after the accident. Your doctor will conduct a thorough examination, inform you of his findings, and determine whether or not you require additional medical treatment. If your doctor refers you for surgery, physical therapy, or some other form of medical attention, it is imperative that you follow their instructions to the letter.
One of the most common and detrimental mistakes that injured people make after a truck accident is not seeking prompt medical attention. If you put off seeing a doctor for weeks or even just a few days, the insurance company will view this as proof that you were not actually injured or that your injuries are not really that serious. Then, they will offer you a lowball settlement or possibly even deny your claim altogether.
You should also reach out to an experienced distracted driving accident lawyer. Without qualified legal advice, you probably will not be familiar with the various restrictions and deadlines that apply to your case, how to deal with any hurdles, what evidence to collect, and where to look for it. Our personal injury attorneys can handle all of these things on your behalf. We have the resources needed to locate eyewitnesses, track down critical evidence, and establish exactly who was at fault.
While you are focusing on your recovery and putting your life back together, we can deal with all of the legal elements of your distracted driving truck accident case. It is vital that you keep every accident-related appointment and never reschedule or skip them. You also need to maintain copies of all receipts, bills, correspondence, and documentation related to your personal injury case. We can use these to prove that the truck driver caused your accident and that you sustained injuries as a result.
Whether you agree to a settlement or have to go through a civil trial, you are entitled to seek economic recovery for your physical, mental, and economic damages. These damages are due to your injury and the ensuing impacts it has had on your day to day life.
Although every truck accident is totally unique, the forms of compensation most commonly available include:
Burg Simpson can acquire copies of any and all documentation related to your expenses, medical treatment, and other damages in order to calculate the true value of your distracted driving lawsuit. Opposing counsel and the insurance company will do everything in their power to not pay you the compensation you are entitled to. They will employ every trick in the book in an attempt to avoid paying you the settlement you deserve and possibly denying your valid claim in its entirety. We can make sure this does not happen to you.
When you work with one of our distracted driving truck accident attorneys, they will develop a strong legal strategy that ensures the insurance company will pay you what they owe. Our goal is to make certain that our clients recuperate the damages necessary to cover their current and projected losses. If it becomes necessary to pursue a lawsuit against the distracted truck driver and the insurance company, we have the skill and resources to do so successfully.
Bringing a personal injury lawsuit involves following specific procedures and adhering to strict deadlines. For instance, each state has a statute of limitations you must abide by if you wish to bring a civil suit against someone. If the statute lapses before you file your lawsuit, you will lose your right to recover damages. An experienced distracted driving truck accident lawyer from Burg Simpson can tell you what the statute of limitations is as it applies to your case and ensure your suit is filed in a timely manner.
If a member of your family was killed in a distracted driving truck accident, you could be eligible to collect compensation via a fatal accident lawsuit. Wrongful death is a death that was the result of another person’s negligence, dereliction, or wrongful act. A wrongful death is a civil lawsuit that, as previously mentioned, is beholden to a statute of limitations. That statute is determined by the state in which your accident took place. If you wish to seek a monetary award for the damages sustained by you and your family, speak with a qualified wrongful death lawyer today.
State law only permits certain surviving relatives to pursue a wrongful death case. Depending on the state where your truck accident occurred, those entitled to compensation may include:
Children, grandchildren, and spouses are usually the most eligible to claim. If there is no surviving child, grandchild, or spouse, then the siblings, parents, or a dependent may be eligible to file. Finally, whoever stands to inherit the victim’s estate might be able to file a lawsuit provided that there are no additional surviving relatives. Again, these laws vary by state. It is best to speak to an experienced attorney to find out who is eligible to file a suit for the death of your loved one.
The damages you might be entitled to pursue in a wrongful death case are:
At the law firm of Burg Simpson, we understand the devastation that follows losing someone you love in a preventable truck accident. We offer our clients the guidance and support they need during their recovery. You can count on us to treat you and your case with compassion, care, and empathy while we pursue justice for the death of your loved one.
The distracted driving truck accident lawyers at Burg Simpson are committed to helping injured victims and their families collect the maximum amount of compensation available for their injuries and other losses. We provide affordable and reliable legal representation so our clients can hold the liable party responsible for the harm they caused.