There is no question that one of the biggest hazards on the road today is distracted driving. McAllen is a busy place, with lots of activity on its streets and highways. When a commercial truck driver is on their phone and causes an accident, you may be able to pursue compensation for your losses.
While texting and driving is the most common cause of distracted driving truck accidents in McAllen, any behavior that takes a trucker’s attention away from the road can have catastrophic consequences. A dedicated truck accident attorney could gather evidence proving a truck driver’s liability and manage communications with insurance companies.
Types of Distractions to Truck Drivers
Texting while driving is one of the most common causes of distracted driving accidents in McAllen. Per § 545.4251 of the Texas Transportation Code, texting while driving is illegal. A plaintiff and their attorney could seek traffic camera footage or phone records to show the truck driver was on their phone at the time of the crash.
While other forms of distracted driving are not illegal per se, truck drivers owe a heightened duty of care to other drivers on the road. Some of the ways in which a truck driver may become dangerously distracted include:
- Dialing or talking on the phone
- Eating or drinking a beverage
- Tuning the radio or operating the GPS
- Being too fatigued to drive and falling asleep
Truck drivers are human. They get bored, hungry, and tired. After too many hours on the road, their caution may dissipate, leading them to neglect safety precautions and take their eyes off the road. A driver drizzling Sweet-n-Sour sauce over their McNuggets instead of stopping at the light can lead to a massive pileup. An attorney could gather the evidence needed to prove a distracted truck driver was the root cause of an accident.
Securing Fair Compensation From a Distracted Truck Driver
Texas is a contributory damages state, meaning that when an accident involves multiple parties, courts will distribute liability across these parties as a percentage. The driver or trucking company’s insurer may argue that an injured plaintiff is partially or fully responsible for the wreck to try and reduce their liability. An experienced distracted driving truck wreck attorney in McAllen could anticipate these tactics and know how to best answer them.
Because proving liability is essential to recovering damages, a potential plaintiff can maximize their claim’s chances of success by gathering and keeping evidence after an accident. This may include taking photos and videos of the scene of the accident, getting witness statements and a copy of the police report, and getting professional inspections of any property damage. It is also important to retain all medical records and bills.
No matter the cause of a truck crash, injured survivors have two years from the date of an accident to pursue a civil claim. A local attorney could assist with gathering all the necessary documentation to pursue a distracted driving truck accident claim and see it through to a fair settlement or judgment.
Contact a Distracted Driving Truck Accident Attorney in McAllen
When pursuing an injury claim on your own, you may be taken advantage of by insurance carriers and trucking companies trying to minimize their liability. A good lawyer can make dealing with courts and insurance companies as straightforward and painless as possible.
After a distracted driving truck accident in McAllen, you deserve legal representation you can trust. For peace of mind, schedule a consultation with a member of our legal team today.