Understanding Virginia Truck Accidents Involving Texting
Texting while driving has caused safety issues since the technology first gained popularity. Today, however, far more people have access to texting and use it as their primary form of communication. Many people text while driving despite the known risks of taking their eyes, hands, and attention away from the wheel and the road ahead of them.
The risks of texting while driving are even higher for truck drivers and those around them. With their massive size and weight, trucks pose a greater danger of injury for those they may hit while looking away from the road. It can be difficult to prove a driver was texting in the moments leading up to a collision, but the truck accident attorneys at Dulaney, Lauer, & Thomas are experienced in sorting through the intricacies of Virginia truck accidents. We’ll explain the dangers of texting while driving a truck, laws around texting and driving, and how to protect your potential compensation for your injuries.
Why It’s Important to Understand the Risks of Distracted Driving
Texting while operating a motor vehicle is one kind of distracted driving, which is any activity that takes your focus and eyes off the road and, in some cases, your hands off the wheel. According to the National Highway Traffic Safety Administration (NHTSA), 3,308 people died in accidents caused by distracted driving in 2022. Accidents involving texting and driving can also cause severe, potentially life-altering injuries for victims.
Texting is one of the most common distracted driving practices. According to an Insurance Institute for Highway Safety (IIHS) survey of U.S. drivers, over one-fifth of respondents engage in smartphone-related distraction on most or all of their trips. Texting can be even more dangerous than other types of distracted driving because sending or reading a text can take your eyes off the road for five seconds. If you’re driving at 55 mph, you’ll drive the length of a football field while looking away from your surroundings.
Laws Around Texting for Truck Drivers
The Federal Motor Carrier Safety Administration (FMCSA), which governs the trucking industry, banned texting for all commercial truck drivers. Drivers found to have violated this rule may face disqualification and fines of up to $2,750 for drivers and $11,000 for employers who allow or require drivers to use hand-held communications devices.
So, if you were injured in an accident and can prove that the truck driver involved was texting, they may face civil or criminal penalties. If you can prove that their distracted driving caused the collision and your injuries, you can seek compensation for your losses.
How to Prove the Truck Driver in Your Collision Was Texting
The most important part of proving that a truck driver was texting is documenting any evidence related to the collision. There are several types of evidence you can collect:
- Witnesses. Often, witnesses provide vital statements to help prove a driver’s liability. If you are able, gather witness statements at the scene. You should also call 911, and a police officer will take down statements from any witnesses who remain at the scene.
- Dashcam footage. Check to see if any witnesses have dashcams that record the behavior of other drivers around them.
- Phone records. You can subpoena the truck driver’s phone records to see if any texts or calls align with the timing of the accident.
- Traffic camera footage. Check to see if there are any traffic cameras near where the accident occurred.
Depending on the circumstances of your case, the trucking company may share liability with the driver.
Types of Compensation You May Pursue if a Texting Truck Driver Caused Your Injuries
You may be able to recover compensation for your injuries if a truck driver’s texting caused your accident and resulting injuries. The two primary types of damages in a personal injury case are:
- Economic damages. These include compensation for medical bills, lost wages, loss of future income (if your injury prevents you from returning to your previous type of work), and property damage.
- Non-economic damages. These include compensation for more subjective types of harm, such as pain and suffering, emotional distress, scarring or disfigurement, loss of consortium, or loss of enjoyment of life.
How Our Experienced Virginia Truck Accident Attorneys Can Help
Whether the truck driver involved in your accident was reading or sending a text message, their lack of attention to the road may have caused the collision. You don’t have to deal with this alone. Our Fauquier County injury attorneys are well-versed in the complexities of truck accident cases, and they have resources for gathering evidence that can help make the process easier for you while you’re recovering from your injuries. They can help you avoid common mistakes and negotiate with insurance on your behalf.