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Truckers responsible for moving goods inside 80,000-pound trucks have a heightened responsibility to ensure others on the road remain safe and to follow all traffic laws. Sadly, some of these truck drivers ignore their duty of care or the law altogether. Out of boredom, curiosity, or a wandering mind, they drive while distracted. If they cause an accident, it is always devastating, often causing catastrophic injuries and even death.
If you are a motorist, pedestrian, bicyclist, or motorcyclist and a trucker injures you in a collision, get in touch with a seasoned semi-truck crash attorney. A capable legal professional may be able to alleviate your financial burden for medical treatment and other bills while you heal. Our dedicated lawyers specialize in negotiating insurance settlements and fighting for compensation after distracted driving truck accidents in Red Bank.
Distracted driving is divided into three categories. After an 18-wheeler accident caused by distraction, a proactive attorney will determine how the at-fault trucker was distracted. If truckers do not keep their eyes on the road, they are visually distracted. If they remove their hands from the wheel or feet from the pedals, they are manually distracted. They are cognitively distracted if they are daydreaming instead of concentrating on driving. Distracted driving manifests itself by:
Distracted driving involving texting, interacting on social media, or talking on a hand-held cell phone has caused an explosion in accident statistics in the past decade. Most states, including Tennessee, now have laws banning the practice. The Federal Motor Carrier Safety Administration (FMCSA) has concluded that truckers who text and drive are 23 times more likely to cause an accident than those who drive responsibly. A local Red Bank lawyer could build a case for negligence if a texting trucker causes a distracted driving accident.
In a recent four-year study, Tennessee was found to have the most distracted driving deaths in the country, with a fatality rate almost five times higher than the national average of almost 1.5 fatalities per 10 billion vehicle miles.
Tennessee’s laws and the Federal Motor Carrier Safety Administration (FMCSA) have banned handheld technology, although truckers can use cell phones with a hands-free device.
People harmed by distracted truckers can ask an attorney to negotiate an insurance settlement with the trucking company and trucker. Trucking companies, by federal law, must carry, under the US Code of Federal Regulations § 387.9, liability insurance of at least $750,000 and up to $5 million if the cargo is hazardous and if the trucking company’s business crosses state lines.
If that amount does not reimburse an injured party for losses, a personal injury lawsuit may have to be filed. A settlement or damages award should cover a victim’s:
Injured parties should consult with a knowledgeable and well-practiced legal professional to discuss what to do after a distracted driving tractor-trailer crash in Red Bank.
Truck drivers are held to a high standard because crashes caused by them are often deadly. Truckers are expected to take the utmost care to make sure others on the road are not in danger. If they drive while distracted, their negligence may lead to an insurance settlement or damages award for the person they harmed in an accident.
If you suffer harm in a wreck caused by a distracted truck driver, a Red Bank attorney could review your situation to determine if you are entitled to compensation. Contact an accomplished and committed lawyer if you have been involved in a distracted driving truck accident in Red Bank.