Sadly, accidents involving large trucks are more common than you think. In fact, they accounted for over 115 fatalities in 2022. The number of truck-related car crashes has been on the rise since that time.
While the trucking industry provides the backbone of American shipping and logistics, their necessity does not absolve the carrier or driver from liability when they are involved in an auto accident that injures other people and/or damages their property. Many times, the accident could have been avoided. This is particularly true in instances where the truck driver has been distracted by texting or using a device.
If you or a loved one has been injured in a vehicle crash involving a large truck, it’s time to review your rights. If the driver was distracted due to texting at the time of the incident, let’s talk about how to pursue justice. Here’s what to know about pursuing a personal injury claim against a truck driver who was texting at the time of an accident.
Can Truck Drivers Text and Drive?
Each state has specific laws that prevent texting and driving, and only two states do not have a complete ban against motorists using their handheld devices to text while operating a vehicle. Regardless of state laws, the Federal Motor Carrier Safety Administration has a strict ban against truck drivers texting while driving. In states that do not fully ban texting while driving, the FMCSA rule applies to commercial truck drivers and their use of devices while driving. In Pennsylvania, texting while driving is banned.
Truck drivers are 23 more times likely to crash when they are distracted through text messaging. Even though the law provides that they cannot text and drive they sometimes do. If an accident occurs because of their negligence and you become injured, you have the right to pursue a claim against them for your damages and injuries.
Pennsylvania’s Modified Comparative Negligence Law
Pennsylvania is a modified comparative negligence state. That means a person can pursue compensation for damages and injuries if they are found to be less than 51% at fault in the accident.
If a truck driver who was texting while driving was found to be at fault and the victim’s fault was less than 51%, they could likely sue the truck driver for damages. One caveat is the type of insurance coverage the survivor personally carries.
Full Tort and Limited Tort Coverage
In Pennsylvania, drivers are required to carry personal liability insurance on their vehicles, which covers damages and injuries to other parties if they are involved in an accident. Additionally, a driver may purchase insurance that carries limited or full tort coverage. This is different from a full coverage insurance policy.
- Full coverage insurance usually means you have the coverage required by your state’s law to drive your vehicle.
- Full tort insurance means you have more options for recovering your damages and gives you the right to sue an at-fault party for your injuries.
- Limited tort coverage gives you more rights to pursue claims against at-fault drivers (but not as much as full tort insurance coverage).
If you aren’t carrying full tort insurance, you may still be able to bring a claim against the truck driver who was texting at the time of your accident. Generally, it’s best to be represented by an attorney in these matters. They know the tricks the insurance companies use and how to file paperwork on time.
Exceptions to the Tort Rule
There are certain exceptions to the tort insurance rule that allow people to recover pain and suffering if they have limited tort coverage. For instance, if a person is struck by a drunk driver or if another vehicle intentionally hits them, that individual could file a claim against the driver.
You’ll likely meet resistance from the truck driver’s insurer and the trucking company’s insurer in pursuing these claims. If you are injured in Pennsylvania, a truck accident lawyer can help.
Suing A Truck Driver in Allentown
For your best bet, ask trucking accident lawyers in Allentown to handle your Pennsylvania truck accident claim. If you are involved in an accident with a truck driver who was distracted by texting and caused an accident, you may be able to pursue a claim against them and the company that owns and operates the truck. Other third parties may also be liable. An attorney can help determine who might owe you damages and for how much.
While recovering from injuries, hire a team of experienced truck accident attorneys to help you get the compensation you need and to help ensure your rights are protected.
Sources:
No Texting Rule Fact Sheet | FMCSA
Texting Driving Dangers | CNN
Distracted Driving | Pennsylvania Department of Transportation
Distracted Driving Laws by State | GHSA
Overview of Motor Vehicle Traffic Crashes in 2022 | U.S. Department of Transportation
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