Truck accidents caused by distracted drivers can be devastating, leading to serious injuries, property damage, and emotional trauma. These incidents are especially dangerous when they involve large commercial vehicles like semi-trucks or 18-wheelers. Due to the size and weight of these vehicles, even a momentary lapse in attention can result in a catastrophic crash. Victims of such accidents may face life-altering consequences and substantial financial burdens.
Fortunately, the law provides recourse. If you've been involved in a truck crash where distracted driving played a role, you have the right to pursue a lawsuit to recover compensation for your losses. This guide provides an in-depth look at how to sue a distracted truck driver, what kind of evidence is needed, the legal responsibilities of drivers and trucking companies, and what compensation may be available.
Understanding Distracted Driving in Truck Accidents
What Counts as Distracted Driving?
Distracted driving includes any activity that diverts attention from driving. For truck drivers, distractions can be more varied and dangerous due to the complexity of operating a commercial vehicle. Common distractions include:
- Using a cellphone to text or make calls
- Adjusting a GPS device
- Eating, drinking, or smoking
- Inputting information into a digital logbook
- Interacting with dispatch or fleet management systems
Why It's More Dangerous for Truck Drivers
Truck drivers often spend long hours behind the wheel and may feel pressure to stay on tight delivery schedules. As a result, they may attempt to multitask—answering texts, checking maps, or grabbing a snack—while driving. However, doing so takes their hands off the wheel, eyes off the road, or minds off driving, which significantly increases the risk of a crash.
The Legal Landscape: Federal and State Laws on Distracted Driving
FMCSA Regulations
The Federal Motor Carrier Safety Administration (FMCSA) prohibits all commercial motor vehicle drivers from texting while driving. Additionally, drivers are not allowed to use handheld mobile devices to make or receive calls while operating their vehicle. These rules are intended to reduce distraction and enhance road safety.
Violations can lead to fines, disqualification from driving commercially, and increased liability in personal injury lawsuits.
State-Level Laws
Many states have enacted their own distracted driving laws. These laws vary in terms of what is prohibited, but many go beyond federal rules by banning any use of electronic devices while driving. Violating these laws can bolster a plaintiff’s case by establishing that the driver was acting illegally at the time of the crash.
Determining Legal Responsibility in Distracted Truck Driving Crashes
Is the Driver Alone Responsible?
Truck drivers can be held individually liable if they engage in negligent behavior, such as texting while driving. If their distraction directly causes a crash, they are responsible for the resulting damages.
When Is the Trucking Company Liable?
Under the principle of “respondeat superior,” employers can be held liable for the actions of their employees when those actions occur within the scope of employment. If a trucking company failed to train their drivers, ignored repeated violations, or incentivized unsafe behavior (such as rushing deliveries), they can be held responsible as well.
Building Your Case: Proving Distraction and Fault
Legal Elements You Must Prove
To win a lawsuit against a distracted truck driver, you must prove three main points:
- The driver was distracted and therefore negligent.
- This distraction directly caused the crash.
- You suffered injuries or financial losses as a result.
Each of these elements must be backed by evidence.
What Evidence Helps Prove Distracted Driving?
1. Phone Records
One of the most definitive ways to prove distraction is through cellphone records. These can show whether the driver was texting, calling, or using an app at the time of the crash.
2. Dashcam and Surveillance Footage
Footage from dashcams, traffic lights, or nearby businesses can provide visual proof that the driver’s attention was elsewhere during the accident.
3. Eyewitness Accounts
Witnesses to the crash may have seen the trucker using a phone, eating, or behaving erratically just before the collision. Their testimony can support your claim.
4. Police Reports and Citations
If the responding officer suspects distracted driving, it will be noted in the accident report. A citation issued for phone use or careless driving can strengthen your case.
How to Subpoena Key Evidence
In most cases, your attorney will need to subpoena records from the trucking company and the driver’s mobile carrier. This ensures that all communications data during the time of the crash is reviewed. Your lawyer may also issue subpoenas for internal dispatch logs, vehicle GPS data, and maintenance records, especially if equipment issues contributed to the distraction.
Filing a Lawsuit: The Legal Process
1. Start with Medical Treatment and Documentation
Before you even think about legal action, seek immediate medical attention and follow through with all treatment plans. This not only protects your health but also creates a record of your injuries.
2. Consult a Truck Accident Attorney
An experienced attorney can evaluate your case, identify liable parties, gather evidence, and negotiate with insurance companies. They will also advise whether your case should proceed to trial.
3. Formal Filing and Pre-Trial Motions
Once your attorney files the lawsuit, the legal process begins with discovery, depositions, and motions. The defendant may choose to settle the case, but if not, it will proceed to trial.
Statute of Limitations and Filing Deadlines
Every state has a statute of limitations—a deadline by which you must file your lawsuit. This is typically two to three years from the date of the accident. Filing after this period usually results in dismissal, so consult an attorney as soon as possible to avoid forfeiting your rights.
Types of Compensation Available in Distracted Truck Accident Cases
Economic Damages
These include tangible financial losses such as:
- Medical expenses
- Rehabilitation and long-term care
- Lost income
- Future loss of earning capacity
Non-Economic Damages
These are harder to quantify but equally important:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
Punitive Damages
In cases of extreme negligence—such as a trucker with a history of violations or a company ignoring safety laws—punitive damages may be awarded to punish the wrongdoer and deter future misconduct.
Working with an Attorney: Why It Matters
Truck accident cases are more complex than typical car crash claims. The involvement of commercial entities, federal regulations, and the need for expert evidence makes legal guidance essential.
An experienced truck accident lawyer will understand how to gather and interpret data like electronic logging device (ELD) records, cellphone logs, and dashcam footage. They also know how to calculate fair compensation and negotiate aggressively with insurers and defense attorneys.
Questions to Ask When Hiring a Truck Accident Lawyer
- How many truck accident cases have you handled?
- What experience do you have with distracted driving claims?
- Do you have resources for expert witnesses or accident reconstruction?
- Will you handle the case personally, or pass it to an associate?
Frequently Asked Questions About Distracted Truck Driving Lawsuits
Can I sue the truck driver directly, or do I have to go through the trucking company?
Yes, you can sue the truck driver directly if they were personally negligent, such as texting while driving. However, in most cases involving commercial drivers, the lawsuit also includes the trucking company, especially if the driver was acting within the scope of their employment at the time of the accident. The trucking company may also bear liability if they failed to enforce safety policies or knowingly allowed dangerous behavior to continue.
What if the truck driver denies being distracted?
It’s common for drivers to deny fault or claim they were not distracted. That’s why securing strong evidence—such as phone records, dashcam footage, and eyewitness statements—is critical. Your attorney can subpoena data and use expert analysis to establish that the driver was not fully focused on the road when the crash occurred.
How long do I have to file a lawsuit after a distracted truck accident?
The time limit for filing a lawsuit, known as the statute of limitations, varies by state but is generally two to three years from the date of the accident. If you fail to file within this time frame, you may lose your right to seek compensation entirely. Consulting a lawyer as soon as possible ensures you meet all legal deadlines.
What types of compensation can I recover in a distracted driving truck case?
Victims can pursue compensation for a variety of losses, including medical expenses, lost wages, property damage, and rehabilitation costs. You may also receive compensation for pain and suffering, emotional distress, and reduced quality of life. In particularly egregious cases involving repeated negligence, you might be eligible for punitive damages as well.
Can phone records really be used as evidence in court?
Yes, cellphone records are a crucial part of distracted driving lawsuits. They can show timestamps for calls, texts, or app usage that align with the timing of the crash. Your attorney will request these records through a subpoena and present them as part of your case.
Conclusion: Take Action After a Distracted Truck Crash
Distracted truck driving can shatter lives in an instant. If you or a loved one has been affected, it's crucial to act quickly. You have the legal right to hold the driver—and potentially the trucking company—accountable. With the help of a qualified attorney, you can gather evidence, file your lawsuit, and pursue the compensation you deserve.
Don’t delay. The clock on your legal rights may already be ticking.
Contact Fulginiti Law Today
If you’ve been injured in a crash involving a distracted truck driver, speak with our experienced personal injury lawyer immediately. We can help you understand your rights, navigate the legal system, and recover compensation for your injuries and losses. Contact Fulginiti Law today for a free consultation and take the first step toward justice and recovery.
