You're cautiously driving when suddenly, an 18-wheeler veers into your lane. The massive truck slams into your vehicle, causing extensive damage and leaving you with serious injuries. As you investigate what happened, you suspect the truck driver may have been distracted in the moments before impact.
At Dulaney, Lauer & Thomas, our experienced Virginia truck accident lawyers know how devastating truck driver distraction collisions can be. We also understand the challenges of proving truck driver negligence, especially when it comes to distracted driving. Our legal team can help you gather the evidence needed to build a strong case and fight for the compensation you deserve.
Types of Truck Driver Distractions
Distracted driving is a significant problem in the trucking industry. According to the Federal Motor Carrier Safety Administration, truck driver distraction contributes to the cause of many large truck crashes. While texting and other cellphone use are common culprits, truck drivers face numerous potential distractions, including:
- Visual distractions that cause drivers to take their eyes off the road. Visual distractions might include looking at a GPS device, reading a map, or glancing at a tablet or laptop.
- Manual distractions, which involve the driver taking one or both hands off the wheel. Examples of manual distractions include reaching for something in the cab, adjusting the radio, or eating and drinking.
- Cognitive distractions that take the driver's mind off driving safely. Daydreaming, worrying about personal problems, or even talking on a hands-free phone can all be cognitive distractions.
In many cases, an activity involves all three types of distraction simultaneously, making it especially dangerous. This is especially true for texting while driving. However, any distraction can have devastating consequences when a massive semi-truck is involved.
Electronic Logging Devices and Distracted Driving Evidence
Today, most commercial trucks have electronic logging devices (ELDs) that record vehicle operation data. While the primary purpose of an ELD is to ensure compliance with hours-of-service regulations, it can also provide valuable evidence in a distracted driving case.
ELD data may show unusual changes in the truck's speed or steering moments before a crash, potentially indicating the driver was distracted. The device might also record when the driver interacted with it, which could match the accident's timing.
Your lawyer can send a spoliation letter to the trucking company, demanding that they preserve this data as evidence. We can then work to obtain the ELD information during the discovery process.
Cellphone Records
Cellphone use is one of the most common and dangerous distractions for truck drivers. Trucking companies often prohibit hand-held phone use while driving, but unfortunately, not all drivers follow these rules.
Detailed cellphone records can reveal if the truck driver was texting, making a call, browsing the internet, or using an app during the crash. Your attorney can subpoena these records from the cell carrier. In some cases, data from the phone might even show which specific apps were in use.
It's essential to act quickly to preserve this evidence. Most carriers only keep detailed records for a limited time. An experienced Virginia truck accident lawyer can send a spoliation letter to the carrier and work to obtain these records before it's too late.
Onboard Video Footage
Many trucking companies now equip their vehicles with dash cams or other onboard video systems. This footage can be incredibly valuable in proving distracted driving.
A dashcam video might show the driver looking down at a phone, reaching for something in the cab, or engaging in other distracted behaviors. Some newer AI-based systems can even detect signs of distraction and send alerts to the trucking company.
Your lawyer can demand the preservation of any video footage and work to obtain it as evidence in your case. We can also investigate whether the trucking company received any distraction alerts before the crash and what action they took in response.
Witness Statements
Eyewitness statements provide powerful evidence of distracted driving. Other motorists, pedestrians, or even the truck driver's co-workers might have seen the driver engaging in distracted behavior just before the crash.
Your lawyer can work to identify and interview these witnesses, securing their statements to support your case. We can also take steps to preserve their testimony, such as obtaining an affidavit or conducting a deposition.
Protect Your Rights if Truck Driver Distraction Caused Your Accident Injuries
Gathering evidence is just one part of pursuing a successful truck accident claim. You also need an experienced legal team who can put that evidence to work.
At Dulaney, Lauer & Thomas, we have a track record of holding distracted truck drivers and their employers accountable. We build strong cases supported by ELD data, cellphone records, video footage, and witness testimony. If the trucking company refuses fair compensation, we are fully prepared to take them to court. Our experienced Virginia truck accident lawyers are here to fight for you every step of the way.