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Distracted truck driving occurs when a truck driver takes their attention away from the road. This can include using a phone, eating, adjusting the radio, or even daydreaming. Given the size and weight of trucks, even a brief moment of distraction can lead to serious accidents. Distracted driving affects the driver’s ability to react quickly to changes in traffic, significantly increasing the risk of collisions.

Laws and regulations often prohibit or limit activities that can distract truck drivers to promote road safety. However, despite these measures, distracted driving remains a significant cause of accidents involving large commercial vehicles, including tractor-trailers, big rigs, and 18-wheelers.

If you suffered injuries in a collision that a distracted truck driver caused, the experienced legal team at Shunnarah Truck Accident Lawyers can help. We will carefully evaluate your claim, determine your legal options, and aggressively pursue the financial compensation you deserve.

For a free case evaluation and legal consultation with a knowledgeable truck accident attorney, please call us at 866-455-3629 or contact us online to learn more.

Types of Accidents that Distracted Truck Drivers Frequently Cause

Distracted truck driving is a major cause of traffic accidents. Given the massive size and weight of commercial trucks, the consequences of such accidents can be severe. Here are the most common categories of accidents that distracted truck drivers may cause:

• Rear-End Collisions – One of the most frequent types of accidents involving distracted truck drivers is rear-end collisions. When a truck driver is not paying attention, they may fail to notice that traffic ahead has slowed down or stopped. Because trucks require a longer distance to come to a complete stop, a distracted driver may not have enough time to brake, leading to a collision with the vehicle in front.
• Jackknife Accidents – Distracted driving can cause a truck driver to make sudden, sharp turns or brake abruptly. This can lead to a jackknife accident, where the trailer swings out to the side and forms a 90-degree angle with the truck cab. Jackknife accidents can block multiple lanes of traffic and often result in severe injuries or fatalities.
• Rollover Accidents – When a truck driver is distracted, they may lose control of their vehicle – especially on sharp curves or uneven road surfaces. This can cause the truck to tip over onto its side. Rollovers are particularly dangerous due to the potential for crushing other vehicles and the likelihood of cargo spills, which can create additional hazards on the road.
• Side-Impact Collisions – Distracted truck drivers may run red lights or stop signs, leading to side-impact collisions, also known as T-bone accidents. These occur when the front of the truck crashes into the side of another vehicle. The impact can be devastating, particularly for smaller vehicles, often resulting in serious injuries or fatalities.
• Sideswipe Accidents – When a truck driver is distracted, they may drift out of their lane and sideswipe another vehicle. This type of accident can occur on highways or in city traffic and can cause the smaller vehicle to lose control, potentially leading to further collisions.
• Head-On Collisions – Although less common, distracted truck drivers can also cause head-on collisions if they drift into oncoming traffic. These accidents are often fatal due to the high speeds involved and the massive collision force.

Common Injuries in Distracted Driving Truck Crashes

Truck accidents that result from distracted driving can lead to severe injuries due to the sheer size and weight of these vehicles. Here are the most common injuries that individuals may suffer in such accidents:

• Traumatic Brain Injuries (TBIs) – One of the most serious injuries in truck accidents is a traumatic brain injury. This can occur when the victim’s head is violently struck or jolted, causing the brain to collide with the skull. Common types of TBIs include headaches, migraines, and concussions.
• Spinal Cord Injuries – The force associated with a truck accident can damage the victim’s spinal cord, leading to partial or complete paralysis. These injuries often result in a loss of function and sensation below the injury site. Spinal cord injuries require extensive medical treatment and rehabilitation and can significantly alter a person’s quality of life.
• Whiplash – Whiplash is a common neck injury in rear-end collisions. It occurs when the head is suddenly jerked backward and then forward, straining the neck muscles and ligaments. Whiplash can cause pain, stiffness, and reduced range of motion in the neck and shoulders, sometimes leading to chronic discomfort.
• Fractures and Broken Bones – The strong force of a trucking accident can easily break bones. Common fractures include the arms, legs, ribs, elbows, ankles, and wrists. These injuries can be extremely painful and often require surgery to repair. Recovery times can vary, and some fractures may lead to long-term complications or disability.
• Lacerations and Burns – The force of a truck crash can also cause severe cuts and lacerations from broken glass and metal. Additionally, if the truck or other vehicles catch fire, victims may suffer from burns. These injuries can lead to significant scarring and infection and require extensive medical treatment, including surgery and skin grafts.
• Psychological Injuries – Beyond the physical injuries that victims frequently experience, truck accidents may also cause psychological trauma. Victims can experience post-traumatic stress disorder (PTSD), anxiety, depression, and other emotional issues. Psychological injuries can be just as debilitating as physical ones and often require therapy and long-term support.

How to Prove that a Truck Driver was Distracted When They Caused Your Accident

Proving that a truck driver was distracted when they caused your accident involves gathering solid evidence to support your claim. Here are some key steps to demonstrate that the truck driver was not paying attention at the time of the collision:

• Police Reports – Start by obtaining a copy of the police report from the accident. Police officers often investigate the scene thoroughly and may note signs of distracted driving. They may record observations such as the truck driver’s behavior, statements from witnesses, or the presence of a cell phone or other distractions in the truck.
• Eyewitness Testimony – Collect statements from people who saw the accident. Eyewitnesses can provide valuable information about the truck driver’s actions before and during the crash. For example, they may have seen the driver texting, talking on the phone, eating, or otherwise distracted.
• Dashcam and Surveillance Footage – Video evidence can also be incredibly persuasive. In some instances, traffic cameras, dashcams in other vehicles, or nearby business surveillance cameras may have captured the accident. This footage can show whether the truck driver was distracted in the moments just before the collision.
• Cell Phone Records – The truck driver’s cell phone records may indicate whether the driver was using their phone at the time of the accident. These records can show call logs, text messages, and data usage that indicate distraction. A legal process, often involving a subpoena, is typically required to obtain this information.
• Truck’s Electronic Logging Device (ELD) – Large commercial trucks often have electronic logging devices that record data such as speed, braking, and other driving patterns. Analyzing this data can reveal erratic driving behavior consistent with distraction. For instance, sudden braking or swerving may suggest the driver was not paying attention.
• Expert Testimony – In some cases, accident reconstruction experts can analyze the evidence and provide professional opinions on whether distracted driving played a role in the crash. Their testimony can help to establish how the accident occurred and if distraction was a likely cause.
• Driver’s Admission – Sometimes, the truck driver may admit to being distracted. This admission can be recorded in the police report, made to an insurance adjuster, or stated in court. Any such admission is strong evidence of distraction.

By gathering and presenting this evidence, you can build a compelling case that the truck driver’s distraction directly led to the accident. Proving distraction is crucial in holding the driver accountable and securing compensation for your losses.

Settling or Litigating a Distracted Driving Truck Accident Case

Successfully settling or litigating a distracted driving truck accident case involves several vital steps, including the following:

• Calculate Damages – At Shunnarah Truck Accident Lawyers, we can calculate the full extent of your damages. This includes medical expenses, lost income, property damage, and non-economic damages like pain and suffering. 
• Send a Demand Letter – We will draft a settlement demand letter to the at-fault truck driver’s insurance company, outlining your case and the compensation you seek. This letter serves as the starting point for settlement negotiations in your case.
• Negotiate a Settlement – Most truck accident cases are settled out of court. We can negotiate with the insurance company on your behalf to reach a fair settlement. You should be prepared for back-and-forth negotiations and not settle for less than what you deserve.
• File a Lawsuit – If a fair settlement offer cannot be reached, we will file a lawsuit on your behalf. This step involves preparing legal documents, conducting discovery (i.e., gathering more evidence), and possibly attending mediation or arbitration to resolve the dispute.
• Go to Trial – If your case goes to trial, we will present your evidence and arguments in court. The judge or jury will then decide the outcome. Trials can be lengthy and complex, but they may be necessary to secure the full compensation you deserve.

Following these steps can increase your chances of successfully settling or litigating a distracted driving truck accident case. At Shunnarah Truck Accident Lawyers, we can guide you through the legal process, negotiate with insurance companies, and represent you in court if necessary.

Recovering Compensation Following a Distracted Driving Truck Accident

If you’re injured in a distracted driving truck accident, you may be entitled to several types of compensation to cover your losses. Here are the primary categories and potential amounts of compensation you can recover:

• Medical Expenses – This includes all costs related to your treatment, such as hospital bills, surgeries, medications, and rehabilitation. You can recover compensation for both current and future medical expenses if your injuries require ongoing care. The amount depends on the severity of your injuries and the extent of your medical needs.
• Lost Wages – If your injuries prevent you from working, you can claim compensation for lost income. This includes the income you missed while recovering and any potential loss of future earnings if your injuries affect your ability to work long-term. You must provide evidence of your employment and income before the accident to support this claim.
• Pain and Suffering – This type of compensation is for the emotional and physical pain and suffering you experienced due to the truck accident. Unlike medical expenses and lost income, pain and suffering damages are not based on specific bills or receipts. Instead, they consider the effects on your quality of life. Calculating these damages can be complex and often involves a multiplier or per diem method to estimate the amount.
• Emotional Distress – In addition to pain and suffering, you may be eligible for compensation for emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident. Documentation from mental health professionals can support this claim.
• Loss of Enjoyment of Life – If your injuries prevent you from participating in activities you once enjoyed, you may receive compensation for your loss of life enjoyment. This type of damage recognizes the effects on your overall happiness and lifestyle.
• Loss of Consortium – If your injuries affect your relationship with your spouse or partner, they may be entitled to compensation for loss of consortium. This compensation acknowledges the effects on your relationship and your partner’s emotional and physical support.

The amount of compensation you can recover varies based on the specifics of your case, including the severity of your injuries, the effects on your life, and the available evidence. At Shunnarah Truck Accident Lawyers, we will pursue the fair compensation you deserve for all of your truck accident losses.

Speak with an Experienced Truck Accident Attorney Today

If you recently suffered injuries in a distracted driving truck accident, it’s important that you take action right away. The knowledgeable truck accident attorneys at Shunnarah Truck Accident Lawyers can handle every step of the process for you and work to maximize your settlement or litigation award.

For a free case evaluation and legal consultation with a skilled truck accident lawyer, please call us at 866-455-3629 or contact us online for more information.