It’s normal to feel angry, frustrated, and even scared about a truck accident that resulted from distracted driving. However, you have legal rights and may recover compensation for your injuries and damages.
Distracted driving, such as texting or using a cell phone while driving, constitutes negligence.
After a trucking accident resulting from distracted driving, consult an experienced Edmonton truck accident lawyer in your area. They can guide you throughout the legal process, file a claim with the at-fault truck driver’s insurer, file a lawsuit against the negligent truck driver or trucking company (if necessary), and pursue the justice you deserve.
Remember, you don’t have to face this alone—contact a lawyer near you today to protect your rights.
Types of Trucking Accidents That Distracted Truck Drivers Frequently Cause
Truck accidents due to distracted driving can take various forms. When a truck driver does not fully focus on the road, it increases the risk of accidents and endangers the lives of other motorists. Here are some common types of trucking accidents that can result from a truck driver’s distraction:
Rear-End Collisions
A distracted truck driver may fail to notice a slowdown or stop in traffic, causing them to collide with the vehicle in front. Rear-end collisions can lead to serious injuries and significant property damage. Due to the size and weight of trucks, these accidents can be especially devastating, potentially resulting in fatalities.
Swerving Accidents
When a truck driver is distracted, they may unintentionally swerve into another lane, potentially causing a collision with another vehicle. Swerving accidents often occur when the truck driver fails to stay within their designated lane, posing a significant risk to other motorists sharing the road.
Jackknife Accidents
Distracted driving can lead to the loss of control over a truck, causing it to fold in on itself like a jackknife. Jackknife accidents often occur when the truck driver reacts late or fails to take appropriate action in response to a potential hazard.
Rollover Accidents
When a distracted truck driver fails to react appropriately to a roadway hazard, such as a sharp curve or sudden obstacle, a rollover accident can result.
The size and weight of the truck can magnify the impact of the rollover, causing significant damage and injuries.
Wide Turn Accidents
Truck drivers need to make wide turns due to the size and length of their vehicles. However, distractions can affect their judgment and ability to navigate turns safely, leading to accidents with other vehicles.
Wide turn accidents often involve the truck driver failing to check blind spots or misjudging the space required for the turn, resulting in collisions and injuries.
After a truck accident resulting from a distracted truck driver, seek legal assistance. An experienced truck accident lawyer can navigate the complex legal process and pursue the full compensation you deserve.
Most Common Injuries in Distracted Driving Truck Accidents
Truck accidents due to distracted driving can have devastating consequences. The sheer size and weight of trucks, combined with the force of impact, can result in a wide range of injuries. After a trucking accident, seek legal representation to protect your rights and pursue fair compensation.
One of the most severe injuries that can result from a truck accident is a traumatic brain injury (TBI).
The force of a truck collision can cause the victim’s head to strike against hard surfaces or objects, leading to concussions, brain contusions, or even long-term brain damage. TBIs can have lifelong effects, impacting cognitive function, memory, and overall quality of life.
Another common injury in truck accidents is spinal cord injuries. The force involved in a collision with a truck can cause significant trauma to the victim’s spinal cord, resulting in paralysis or other life-altering conditions.
Spinal cord injuries can lead to a loss of motor function, sensation, and control below the injury. These injuries often require extensive medical treatment, rehabilitation, and long-term care.
The sheer size and weight of trucks can also cause severe fractures in the event of an accident. Broken bones are a common injury in truck accidents, and victims may suffer from multiple fractures that require extensive medical treatment and rehabilitation.
Truck accidents can also cause internal injuries. The force of impact can cause damage to organs, internal bleeding, or injuries to the abdomen or chest. Symptoms often manifest later.
Soft tissue injuries are also common in truck accidents. These injuries include whiplash, sprains, strains, and bruising. They can cause significant pain, discomfort, and long-term complications. Soft tissue injuries may require ongoing medical treatment, physical therapy, and time off from work.
Process of Filing a Distracted Driving Truck Accident Claim
After a truck accident resulting from a distracted truck driver, follow the proper legal process to file your claim.
Here’s an overview of the steps involved:
- Seek Ongoing Medical Attention: Make your health and well-being your top priority, so seek ongoing medical attention after the accident. Some injuries may not show symptoms immediately, and documentation of your injuries can improve your claim.
- Gather Evidence: Document the accident scene by gathering witness statements, obtaining police reports, and collecting any other relevant evidence. This evidence will establish liability and support your claim for compensation.
- Consult with a Lawyer: Contact an experienced truck accident lawyer to assess your case, explain your legal rights, and guide you through the claims process.
- Negotiate with Insurance Companies: Your lawyer will communicate and negotiate with the insurance companies involved. They will work to get you a fair settlement that covers your lost income, pain and suffering, and other damages.
- Litigation, if Necessary: If you cannot settle through negotiation, your lawyer may recommend filing a lawsuit. They will represent your interests in court and fight for the compensation you deserve.
When is Litigation Necessary after a Distracted Driving Truck Crash?
Filing a lawsuit formally begins the litigation process. Depending on the circumstances, you can file a lawsuit against the distracted truck driver who caused your accident, the trucking company, or both.
You may need to take your case to court in certain situations, such as:
- Disputed Liability: If the other party or parties dispute their liability in the accident, litigation may need to establish fault.
- Inadequate Settlement Offers: If the insurance companies offer settlements that do not adequately cover your damages and expenses, litigation may need to achieve a fair outcome.
- Complex Cases: If your case involves multiple parties, complex legal issues, or extensive damages, litigation may ensure you receive the compensation you deserve.
Your lawyer will assess the specifics of your case and advise you on whether litigation is the appropriate course of action.
What Happens at a Truck Accident Trial?
After a truck accident resulting from distracted driving, you may wonder what to expect if your case goes to trial.
A skilled lawyer by your side can make all the difference.
During a truck accident trial, the main goal is to determine who is at fault for the accident and hold them accountable. A lawyer does this by conducting a thorough examination of the evidence, witness testimonies, and expert opinions.
Your lawyer will gather all relevant evidence, including accident reports, medical records, and any available surveillance footage. They will also interview witnesses and consult accident reconstruction experts to reconstruct the events leading up to the accident.
Once your lawyer gathers all the evidence, the trial begins. The trial typically starts with jury selection, where lawyers question potential jurors to ensure their impartiality. Your lawyer will play an instrumental role in selecting a sympathetic jury and will advocate for your rights throughout the trial.
During the trial, both sides present their case to the jury. Your lawyer will present evidence, call witnesses, and cross-examine the defense’s witnesses to challenge their credibility.
They will also make persuasive arguments to show that the truck driver’s distracted driving caused the accident and your injuries. Your lawyer will work tirelessly to build a strong case on your behalf, using their legal knowledge and experience to present a compelling case.
At the end of the trial, the jury will deliberate and reach a verdict. If the jury finds in your favor, they will determine the amount of compensation you are entitled to receive. Your lawyer will advocate for the full and fair compensation you deserve, accounting for lost earnings, pain and suffering, and emotional distress.
Navigating a truck accident trial involving distracted driving can be overwhelming, but having an experienced lawyer by your side can alleviate some of the stress. They will provide guidance, support, and knowledge throughout the legal process, ensuring your rights are protected and you have the best chance of achieving a favorable outcome.
Compensation in a Distracted Driving Truck Accident
After a truck accident resulting from distracted driving, you may recover compensation.
One category of damages is lost earnings. If your injuries prevent you from working or earning income, you may recover compensation to cover the earnings you have lost.
Truck accidents can result in severe injuries that require an extended period away from work, affecting your earning potential. By receiving compensation for lost income, you can ensure you are not financially disadvantaged due to someone else’s negligence.
Beyond the tangible expenses, you may also recover compensation for pain and suffering. This category of compensation recognizes the physical pain, emotional distress, and the overall effect the accident has had on your quality of life. Truck accidents can have lasting effects, both physically and psychologically, and it’s important to seek compensation to address these non-economic damages.
In cases involving reckless or egregious actions, punitive damages can punish the at-fault party and deter similar behavior.
The specific compensation you may receive will depend on your case and the applicable laws. An experienced truck accident lawyer will explain your rights and maximize your chances of receiving fair compensation.
A lawyer can guide you through the legal process, gather evidence to support your claim and negotiate on your behalf to pursue the fair compensation you need.
Speak with an Experienced Truck Accident Lawyer Today
After a truck accident that resulted from distracted driving, seek legal representation from an experienced Edmonton personal injury lawyer. They can navigate the legal process for you, protect your rights, and fight for the compensation you deserve. Contact a lawyer near you today and let them assist you in your journey towards justice.
