Truck accidents may happen for various reasons, but negligent behavior from truck drivers is almost always involved. Driving while distracted is a major concern in the trucking industry, but proving it can be tricky. An attorney can help you gather the evidence you need to prove that a trucker was distracted before a crash.
One of the most common distractions for truck drivers, and all drivers for that matter, is cell phones. Your attorney can help you obtain copies of the truck driver’s cell phone records to determine if they were using their phone shortly before or during the accident. Other distractions may include passengers, which truckers might not be permitted to have, depending on the circumstances. Your lawyer can also review information from the truck’s event data recorder to help prove that the trucker was distracted.
Get a free, private legal review from our Columbia, SC truck accident lawyers when you call Burriss Ridgeway Injury Lawyers at (803) 451-4000.
How Do I Prove That a Truck Driver Was Distracted When They Caused an Accident?
If the truck driver who caused your accident was distracted, we need proof of the distraction. We may need to wait for the authorities to complete an investigation before we fully understand what kind of evidence we need. Below are some common examples of evidence of distracted driving.
Witness Testimony
One way we can work to prove that the truck driver was distracted is with witness testimony. Other drivers involved in the crash or who saw the crash might have seen the trucker using their phone. If the truck driver had a passenger in the vehicle, that passenger may be able to testify as to whether the driver was using their phone or otherwise distracted.
Event Data Recorders
Many trucks today are equipped with event data recorders, similar to black box devices commonly found on planes. These recorders contain data about things like the trucker’s speed, braking, and time spent on the road. If the trucker was distracted, the event data recorder may contain data that can help prove it.
For example, if the driver did hit the brakes, it is possible they were distracted and did not react in time.
Video Footage
Trucking companies often have cameras inside trucks to record truckers, specifically for use as evidence in the event of an accident. Our Allendale, SC truck accident lawyers may be able to obtain copies of camera footage from the trucking company that shows the truck driver was distracted.
Even if the footage does not show the driver being distracted, it may still be useful as evidence of some other negligence.
What Kind of Distractions Are Common in South Carolina Truck Accident Cases?
Distracted driving is a big problem in the trucking industry. Distractions are increasingly common, and truckers can cause severe accidents by losing focus for a moment or two.
Cell Phones
One of the biggest distractions to truck drivers today is cell phones. Whether they are using a cell phone to communicate with their employers or make personal calls, cell phones force truckers to split their focus. A truck accident may happen because the truck driver was looking at their cell phone.
We may be able to obtain copies of the truck driver’s cell phone records during the discovery phase of your civil lawsuit. However, we also need to show the driver was not using a hands-free device or other legal method of interacting with their phone.
Tired Driving
Drivers may lose focus on the road if they are too tired. According to federal laws regarding trucking and truck safety, truckers must take time to stop and rest. If truckers are on the road for too long without a break, it may actually be illegal.
Again, the event data recorder on the truck may indicate how long the truck was on the road without a break. Trucking companies may also be held responsible in these cases, as they often push drivers to drive for too long.
Passengers
Some distractions come from other people rather than devices inside the truck. If the trucker had a passenger with them, they might have been talking to them or paying attention to the passenger rather than the road.
FAQs About Proving a Truck Driver Was Distracted After an Accident in South Carolina
How Might a Truck Driver Be Distracted Before Causing an Accident?
Truck drivers may be distracted due to a number of factors. Common distractions include cell phones, GPS devices, driving while tired, and passengers.
What Evidence Do I Need to Show How a Truck Driver Was Distracted?
Evidence may be different in each case. Common evidence of distractions includes cell phone records, camera footage from inside the truck, witness testimony, and information collected from event data recorders. If any of this evidence is in the hands of the trucking company, we can demand to see it through the discovery process of your civil lawsuit.
Where Do I Obtain Evidence of Distracted Driving in a Truck Accident Case?
Evidence often comes right from the scene of the truck accident. After the accident, we should speak to other drivers who might be able to provide witness testimony. Your photos and videos from the accident may also be extremely helpful. Often, records and information about the truck driver and the truck are in the hands of the trucking company. They may not be too keen to turn this evidence over to us, but they may have to if we compel them to do so through discovery.
Who Can I Sue for Damages After a Truck Accident Caused by Distracted Driving?
You may sue the negligent trucker who directly caused the accident by allowing themselves to become distracted. Additionally, you may sue their employer, the trucking company. Often, trucking companies have greater financial resources and more insurance coverage for damages, making it easier to obtain sufficient compensation.
Can a Truck Driver Be Criminally Charged for Driving While Distracted?
Possibly. A truck accident is not necessarily a crime, but criminal charges may result depending on how the truck driver caused the accident and the extent of the victims’ injuries. If someone dies because of the accident, the trucker could face something like involuntary manslaughter charges. However, criminal charges are not automatic and vary from case to case.
Ask Our South Carolina Truck Accident Lawyers for Help with Your Claims Today
Get a free, private legal review from our South Carolina truck accident lawyers when you call Burriss Ridgeway Injury Lawyers at (803) 451-4000.
