The advent of mobile phones and eventually smart phones has ushered in a new wave of technological improvements, but has also ushered in a great many road hazards. It is difficult to drive one mile without seeing a drive on their phone – whether talking into the phone, looking up GPS coordinates, or texting. Smart phones have created dangerous situations for all drivers on the roadways, and none more so than the drivers who share the road with truck drivers who are utilizing their mobile devices. If you or a loved one were injured in a truck accident caused by texting, you may be eligible to receive compensation for your injuries.

Heavy truck drivers (or commercial motor vehicles) are subject to a slew of federal and state regulations which carefully monitor their work hours, vehicle inspections, and their use of mobile phones while driving. Any breach of the regulations put into place may result in severe penalties and fines.

The Federal Motor Carrier Safety Administration (“FMCSA”) and the Pipeline and Hazardous Materials Safety Administration has published rules which prohibit interstate truck drivers from texting while operating their vehicles. The study completed by the FMCSA indicated that the odds of being involved in a “safety-critical event” are 23.2 times greater for truck drivers who are texting. As a result of this study, the new federal regulations were implemented to curb the incidence of texting while driving among truckers.

As the victim of an accident caused by texting while driving, you may bring a claim for damages to cover the following:

• Medical expenses
• Rehabilitation expenses
• Lost wages
• Future earnings
• Pain and suffering

Many heavy truck accidents will often involve not only the driver, but the company who is paying the driver to haul their property across the country. While the truck driver was the responsible party in texting while driving, the company will often be held responsible for employing such a driver.

It is important to consult with an attorney shortly after the accident and prior to any discussions with the driver’s insurance company. Insurance companies are in the business of making money and will want to settle any claim as fast as possible. Therefore, the company will try to coerce you to settle for a lesser amount than you are often entitled to receive. If you agree to accept this settlement offer, you may prevent any ability of bringing a future claim. Therefore, it is important to refrain from speaking with the insurance company until after you have conferred with an attorney.

If you or a loved one were injured in a truck accident caused by texting, do not hesitate to contact the Malley Law Firm. Tony Malley has years of experience in assisting clients with their claims against drivers who have texted while driving, and therefore caused accidents. Texting while driving has become an extremely dangerous phenomenon, and the more drivers who are forced to answer for their errors, the less drivers are apt to text and drive. Contact our Beaumont office today for your initial free consultation.