How Can I Prove That the Truck Driver Who Caused My Accident Was Distracted?

Accidents involving large trucks happen every single day, often leaving the occupants of the smaller passenger vehicles with serious injuries. Sadly, distracted driving caused by driver inattention, fatigue, or the use of modern technology like cell phones and onboard navigation systems is a major contributor to trucking accidents. A study conducted by the Federal Motor Carrier Safety Administration shows that distracted driving plays a role in roughly 14,000, or about 10%, of all large truck accidents every year in the United States. If you were injured in a truck accident caused by a distracted driver, proving negligence through evidence such as dash cam footage and cell phone records is crucial to receiving fair financial compensation. The experienced Virginia Beach truck accident attorneys at Shapiro, Washburn & Sharp can help you collect strong evidence that proves your accident was caused by a distracted truck driver and ensure you are fairly remunerated for your injuries.

What is Distracted Driving?

Distracted driving is the leading cause of traffic collisions, including those involving large trucks. In 2021, 3,522 people were killed in distracted driving accidents nationwide. Distracted driving is defined as any action that redirects a driver’s focus away from the safe operation of their vehicle.  Despite breaks and rest periods being federally mandated, truck drivers work exceedingly long hours which often leads to distracted driving behaviors, including: 

  • Using a cell phone to talk or text
  • Drinking or eating
  • Interacting with children or other passengers
  • Daydreaming 
  • Using in-vehicle technology
  • Watching an outside event, such as roadworks or a road accident

How Can Distracted Driving Be Proven?

If a distracted truck driver caused your accident and injuries, the experienced Virginia Beach truck accident attorneys at Shapiro, Washburn & Sharp 18- can help you prove fault. We can build a strong claim for compensation by collecting evidence such as:  

  • Dashboard camera footage: We can obtain and examine dash cam footage recorded by you, the truck, and anyone else involved in the crash. This video evidence will provide an unbiased view of the truck driver’s actions in the moments before the accident, including any distractions like eating, using their cell phone, and any other distracted driving behaviors.
  • Eyewitness statements: We can also interview any bystanders who were present at the scene since they may have noticed the trucker engaging in any of the distracting behaviors mentioned above. 
  • Cell phone records: Our attorneys can subpoena the truck driver’s phone records and examine them to establish whether or not they were on their phone when the accident occurred. Phone records will show any outgoing or incoming text messages, phone calls, or data usage, proving that the trucker was distracted at the time of the collision. 
  • Expert testimony: Our skilled attorneys can also consult with experts on accident reconstruction. They will be able to study the circumstances of the crash and offer their professional opinions on whether the truck driver was distracted. 
  • Event data recorder: Your attorney can gain access to the truck’s event data recorder or “black box” and recover information regarding its steering input, braking and acceleration rates, and speed. A lack of evasive steering or braking in the moments before the crash can suggest distracted driving. 
  • Driver statement: If the trucker’s statements about what happened are inconsistent or they admit to being distracted, we can use this to prove liability for the accident.   

Talk to a Virginia Beach Truck Accident Attorney

Working with a knowledgeable attorney is vital to recovering the damages you incurred due to a distracted truck driver. The Virginia Beach truck accident attorneys at Shapiro, Washburn & Sharp are skilled in navigating the complexities often presented by truck accidents and will fight to ensure you receive the financial compensation you need.

Truck accident victims often sustain catastrophic injuries that require extensive medical treatments and continuing care. This usually means larger settlements for victims, which freight companies and their insurers have no interest in paying. Our attorneys can accurately assess the total extent of your losses, from hospital bills to lost wages, and make sure you receive a full and fair settlement. We will also employ aggressive negotiation tactics that ensure the freight company does not bully you into accepting a settlement that is far less than you deserve. By using these methods, we were able to achieve a $2.4 million wrongful death settlement for the family of a man whose car was rear-ended by a negligent tractor-trailer driver. 

To schedule a free consultation with a member of our legal team, call (833) 997-1774 or fill out our online contact form. Our offices are located in Virginia Beach. Norfolk, Hampton, and Portsmouth.  

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