When a Trucker’s Distraction Destroys Lives, We Fight Back
Distracted driving is a leading cause of commercial truck accidents in Texas, and the injuries are often catastrophic. When truckers take their eyes off the road, hands off the wheel, or minds off driving, the consequences for others on the road can be devastating. If you or a loved one was seriously injured by a distracted truck driver in Bryan, College Station, or the Brazos Valley, a Bryan truck accident lawyer can help you pursue full compensation from all responsible parties.
Why Choose The Payne Law Group?
When you’re facing a trucking company and its team of insurers, you need experienced attorneys who know how to fight back. Scott Scherr at The Payne Law Group has extensive experience in truck accident claims. The law firm has been representing injured Texans since 1949, and our team brings decades of experience to every truck accident case we handle.
- Lead attorney Scott Scherr is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization
- Our personal injury attorneys have proven trial experience
- We have recovered millions of dollars for truck accident victims throughout Texas
- Available 24/7/365—because accidents don’t wait for business hours
- Bilingual staff (Habla Español) to serve our diverse community
- You pay nothing unless we win
- Free consultations with no obligation
Our attorneys handle all negotiations, investigations, and litigation so you can focus on recovery. Call Scott Scherr at The Payne Law Group to schedule your free appointment with a truck accident lawyer.
What Are the Three Types of Distracted Driving?
Driving distractions fall into three categories, include many activities, especially texting while driving, and involve more than one type simultaneously.
- Visual distractions take a driver’s eyes off the road. Looking at a GPS, checking a phone notification, or glancing at scenery all qualify as visual distractions.
- Manual distractions take a driver’s hands off the steering wheel. Eating, drinking, adjusting radio controls, or reaching for items in the cab are common manual distractions for truckers.
- Cognitive distractions take a driver’s mind off the task of driving. Daydreaming, having an intense conversation, or worrying about personal problems reduce mental focus on the road.
Texting while driving is particularly dangerous because it combines all three types. According to federal safety data, sending or reading a text takes a driver’s eyes off the road for an average of five seconds. At highway speeds, an 18-wheeler can travel the length of a football field in that time.
What Are Common Distractions for Truck Drivers?
Beyond cell phone use, commercial truck drivers face many potential distractions during long hours on the road. Understanding these distractions can help build a stronger case for compensation.
- Eating and drinking while driving to meet tight delivery schedules
- Grooming activities such as shaving or brushing teeth in the cab
- Navigation systems and GPS devices requiring visual and manual attention
- Dispatching and communication devices connecting truckers to their companies
- Reading paperwork or delivery manifests while operating the vehicle
- Adjusting mirrors, seats, or climate controls while in motion
Federal regulations under the Federal Motor Carrier Safety Administration (FMCSA) prohibit commercial drivers from texting or using handheld mobile phones while operating their vehicles.
How Does Distraction Prove Negligence in Texas?
To recover compensation after a distracted driving truck accident, you must prove the trucker’s negligence caused your injuries. Evidence of distraction can establish that the driver breached their duty to operate the vehicle safely.
Scott Scherr at The Payne Law Group investigates distracted driving accidents thoroughly. Evidence that can prove distraction includes cell phone records showing texts or calls at the time of the crash, witness statements about driver behavior, onboard camera footage from the truck cab, electronic logging device data showing inconsistencies, and admissions from the driver in police reports or depositions.
How Do You Obtain Cell Phone Records and Other Evidence?
Cell phone records are often crucial evidence in distracted driving cases. These records can show whether the driver was texting, browsing the internet, or using apps when the crash occurred.
Obtaining these records requires legal action. Our attorneys can issue subpoenas and preservation letters to prevent evidence from being deleted. Acting quickly is essential because phone carriers only retain detailed records for limited periods. Truck companies may also have dash cameras, event data recorders, and GPS tracking that provide additional evidence of driver distraction.
Can the Trucking Company Be Held Liable?
Yes. Trucking companies can be held liable for their drivers’ distracted driving under the legal doctrine of respondeat superior. When a driver is acting within the scope of employment, the employer shares responsibility for the driver’s negligence. This is critical because trucking companies typically carry far more insurance than individual drivers. Our personal injury attorneys know how to identify all potentially liable parties.
Companies may also bear direct liability if they failed to train drivers on distraction dangers, did not enforce policies prohibiting phone use while driving, knew about a driver’s history of distracted driving and took no action, or pressured drivers to meet schedules that encouraged unsafe behavior.
What Defenses Do Insurance Companies Use?
Insurance companies defending truck accident claims often try to shift blame onto victims. Common tactics include claiming you were also distracted, alleging you failed to avoid the collision, disputing the severity of your injuries, and arguing that some other factor caused the crash.
Our attorneys anticipate these defenses and build cases to counter them effectively. We also handle claims involving other types of truck accidents, including 18-wheeler collisions and jackknife accidents.
Contact a Bryan Distracted Driving Truck Accident Attorney Today
If a distracted truck driver injured you or a loved one, do not let the trucking company’s insurance team minimize your claim. We have served the Brazos Valley since 1949, and we fight to get you the money you deserve. Contact us today for a free consultation.
Frequently Asked Questions
What compensation can I recover after a distracted driving truck accident?
You may recover compensation for economic damages including medical expenses, out-of-pocket expenses, and lost wages. You can also recover non-economic damages for pain and suffering, permanent disability, and emotional distress. In wrongful death cases, families can pursue funeral costs and loss of financial support.
How long do I have to file a lawsuit in Texas?
Texas has a two-year statute of limitations for most personal injury claims. However, evidence preservation is critical in distracted driving cases, so contacting an attorney promptly is advisable to ensure cell phone records and other evidence can be obtained.
Can I sue both the driver and the trucking company?
Yes. Both the distracted driver and their employer may be held liable under Texas law. This increases the available insurance coverage and improves your chances of full recovery for your injuries.