Distracted driving is a common cause of truck accidents. Taking attention away from the road can cause serious injuries to both the trucker and others nearby. These distracted driving truck accidents in Pasadena can cause painful and expensive injuries, and filing an insurance claim and considering a lawsuit can both seem overwhelming. If you have been injured by a driver who was not paying attention, a local truck accident attorney can help you get the compensation you deserve.
What Is Considered Distracted Driving?
Distractions can be anything from talking to a passenger to looking at a smartphone. Texas Transportation Code § 545.4251 makes texting and driving a misdemeanor in most circumstances. Drivers are allowed to use smartphones for navigation, changing music, or looking at messages that are related to an emergency or that the driver reasonably believes are related to an emergency. Federal law prohibits cell phone use by commercial drivers unless they are using hands-free features.
A driver who violates cell phone laws and causes an accident would generally be considered liable for any injuries caused by the accident. Because different cell phone laws apply to commercial drivers and those in their personal vehicles, determining legal responsibility can become complicated. Other distractions may be less straightforward.
For example, if a driver looks down at their GPS and another driver switches into their lane without signaling, both drivers might be partially responsible. The non-distracted driver could also be fully responsible if their unsafe driving was found to be the primary cause of the Pasadena accident.
What Compensation Is Available After a Distracted Driving Accident?
Whether the injured person files an insurance claim or a lawsuit, the compensation categories will be similar. Economic damages are meant to cover the specific expenses the person incurred because of the accident, like medical bills, lost wages, and replacement services like house cleaning or childcare. If the accident caused a permanent disability, economic damages may include compensation for lost future earning capacity and other estimated future expenses.
Non-economic damages cover losses that cannot be quantified, such as physical pain, emotional distress, or loss of enjoyment of life. If the injured person is partially responsible for the accident, they can still receive compensation as long as the other person has a larger portion of the responsibility. If the injured driver was speeding slightly and the other driver was texting while driving, the speeding driver could be considered 10 percent responsible and the texting driver 90 percent responsible. In this case, the speeding driver’s compensation would be reduced by 10 percent. The other driver would not receive compensation even if they were also injured.
Discuss Your Distracted Driving Truck Accident Injuries With a Pasadena Lawyer Now
Distractions on the road can seem constant, but they remain extremely dangerous. Distracted driving truck accidents in Pasadena can cause significant physical and financial harm. If you were injured by a distracted truck driver, there is a good chance that they are legally liable for your expenses. A personal injury attorney can help you determine whether you have grounds for a lawsuit and increase your chances of getting the compensation you need to move forward. Contact Schechter, Shaffer & Harris for a free consultation today.
