Dawn Pinnisi
December 23, 2021
Distracted driving has become a leading cause of accidents across the country, and truckers are no exception to this phenomenon. What makes these types of car accidents even more painful and hard to cope with for those involved is that they are all avoidable.
What Is Distracted Driving?
Distracted driving is doing anything that takes your eyes, hands, or attention away from the immediate task of driving a motor vehicle. Common examples of distracted truck driving are:
- Sending a text message. Nearly everyone behind the wheel thinks they can safely send a quick text and drive, but statistics show otherwise. Texting and driving have become such a serious problem and cause of unnecessary distracted driving accidents and deaths that the Federal Motor Carrier Safety Administration (FMCSA) published new rules that restrict texting and the use of hand-held mobile phones by drivers while operating a commercial motor vehicle (“CMV”).
- Talking on a cell phone. Talking on the phone can be equally distracting as texting, especially if it is an animated talk that leads the driver to focus more on what they are talking about than paying attention to the road and driving.
- Using a GPS navigation system. Any moment spent navigating the GPS system while driving a truck is simply an accident waiting to happen.
- Eating while driving. It is important to eat for sure but doing so while driving, especially while driving a CMV, is not wise and an accident waiting to happen.
Proving a Distracted Trucker Accident
As in all personal injury cases, if you have been injured and suffered injuries from an accident involving a distracted trucker, you must prove that the truck driver was negligent and that their negligence caused your injuries. At Varcadipane & Pinnisi, P.C., we advocate on behalf of victims of truck accidents and help prove their cases in court.
In the case of a distracted trucker, we can help you prove that the trucker engaged in distracted driving and that this caused your injuries, which is something you must prove to receive the compensation you deserve.
Evidence that can help in proving your case includes:
- Police report. A police report stating that the truck driver was engaged in distracted driving can be useful in negotiating with the truck company’s insurance to obtain a settlement.
- Citations. If the truck driver was issued a citation for distracted driving violation—such as texting—could be very dispositive in making the case that the truck driver was at fault in causing the accident.
- Cell phone records. Obtaining the truck driver’s cell phone records could show that the truck driver was texting or talking on his cell phone when the accident occurred, and this can point to the truck driver being at fault.
- Witness statements. If there were witnesses who observed and provided statements suggesting that they saw the truck driver texting before the accident, this could be extremely persuasive evidence and proof that the trucker was distracted and caused the accident.
Speak with Our New Jersey Truck Accident Attorneys
If you have been injured in an accident involving a distracted truck driver, contact the law office of Varcadipane & Pinnisi, P.C. today for a free consultation. We help clients hold dangerous drivers accountable, and we can assess your rights.
Dawn M. Pinnisi
Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.
University: J.D. Brooklyn Law School
Bar Number: 33771999
Locations: New Jersey and New York.
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