Atlanta Distracted Truck Driver Accident Attorney

The majority of trucking accidents have roots in driver error. Distraction, fatigue, and even substance abuse all play a role in trucking wrecks. Unfortunately, sometimes trucking companies put their own interests ahead of public safety and disaster results. The truck accident attorneys at Butler Prather LLP are dedicated to holding negligent truckers and their employers responsible for their actions. If you incurred injury in an accident with a distracted driver, it’s helpful to understand your legal options. Learn if you have the basis for a personal injury claim – and when to contact an attorney.

What is Distracted Driving?

The U.S. Department of Transportation defines distracted driving as anything that takes your attention away from the task of driving. These activities include but are not limited to:

• Talking on the phone
• Texting
• Social media use
• Using a navigation system
• Eating or drinking
• Talking to another passenger
• Playing with the radio

It’s also important to remember that cell phone use rules vary from state to state. Most states have texting bans, but some place bans on talking on a cell phone and even using a hands-free device.

Distracted Driving Leads to Dangerous Behavior

Truck driving can be mentally and physically exhausting. Though federal regulations set certain time limits for shifts, a commercial vehicle operator may drive for hours on end. Boredom may tempt a semi-truck driver to reach for his or her cellphone as a way to pass the time. Distracted driving can lead to dangerous scenarios, such as:

• Delayed reaction time
• Not keeping an eye out for potential hazards
• Underreacting or overreacting to a situation
• Failing to brake in time
• Missing a turn
• Improper braking technique, leading to jackknifing

Who’s Liable for an Accident?

Victims of trucking accidents often have one question in common: “Who is legally responsible for my injuries?” While a driver error may contribute to the crash, a trucker’s employer is ultimately responsible for the actions of its employees. Trucking companies must follow certain steps to avoid liability, like:
Conducting thorough background checks of their employees. If a company fails to vet an employee and they cause an accident, they may be guilty of negligent hiring.

• Provide adequate training. Companies must train all employees on the dangers of distracted driving and enforce consequences if an employee breaks the rules.
• Follow up. Employers must check and ensure drivers follow all rules and regulations established by federal law.

Damages in Personal Injury Claims

Personal injury or wrongful death claims provide an important avenue of recourse for victims of distracted driving. A personal injury settlement can help provide compensation for:

• Economic damages. These may include medical bills, lost wages, losses in earning capacity, and the ongoing costs of rehabilitation. In the event of permanently disabling injury, economic damages may also cover handicap accommodations or renovations.
• General damages. These cover immaterial losses such as pain, mental anguish, and emotional distress.
• Punitive damages. In some cases, especially those involving gross misconduct, we can pursue punitive damages. These punish the defendant for wrongdoing and discourage similar behavior in the future.

Schedule Your Free Initial Consultation

If you or a loved one sustained a serious injury in an accident involving a semi-truck or other commercial vehicle, contact the Atlanta truck accident attorneys at Butler Prather LLP. We have been holding negligent parties responsible for their actions for over 20 years. Let us bring our breadth of experience to your case.

We proudly offer our services on a contingency-fee basis, which means you’ll only owe a fee if we win a court judgment or settlement. For information about our legal services or to schedule your free initial consultation today, contact us online or call us at (800) 242-2962.