Distracted Driving Truck Accidents in Waterford

Distracted driving is one of the most common causes of traffic accidents. When the driver is attending to personal matters instead of paying attention to the road, they can cause significant damage.

When distracted driving truck accidents in Waterford occur, many people sustain serious injuries. If you are one of them, you have the right to seek compensation. Our truck accident attorneys are ready to help with your claim.

Negligence in Distracted Driving Cases

To recover damages in a personal injury case, the injured party must prove that the at-fault party acted negligently. Distracted driving is a negligent action. However, proving it may not be easy. The common evidence that backs negligence in truck accidents in Waterford is:

• Cell Phone Records: Investigators may request the truck driver’s cell phone records to determine if they were using apps at the time of the crash. A timestamp that matches the moment of the accident can indicate distraction.
• Dashcam or Surveillance Footage: Video footage from dashcams, traffic cameras, or nearby businesses may show the driver’s behavior before the crash.
• Eyewitness Testimony: Other traffic participants may have seen the truck driver engaging in distracting behavior (e.g., eating or using the phone)
• Electronic Logging Device (ELD) Data: Most commercial trucks are equipped with ELDs, which track driving time and activity. This data may reveal inconsistencies in the driver’s behavior that suggest distraction.

While some of this evidence can be collected easily, other requires a subpoena. The trucking company may be unwilling to share ELD data or dashcam records. An experienced attorney would have to request such evidence through legal channels.

Determining Liability

While the driver is the one who was distracted during the accident, several other parties may share liability.

The trucking company could be fully liable for the accident if it pushed the driver to exceed Hours of Service (HOS). HOS dictates exactly how many hours the truck driver can spend behind the wheel before they need to rest. If the company sets tight deadlines that force the driver to break the law, it could be held accountable.

Other liable parties could include traffic participants. For example, if a jaywalking pedestrian distracted the driver, they could share liability. The injured person can file a claim with both the driver and the pedestrian.

Statute of Limitations for Truck Crashes

A person who sustained injuries in a distracted truck crash in Waterford only has two years to file a personal injury lawsuit. Filing a claim with the insurance company of the negligent driver does not initiate a lawsuit. However, if the company refuses to offer a fair amount, a lawsuit may be unavoidable.

Negotiations with the insurance company can take a long time. That is why it is important to file a claim as soon as possible. This way, the injured person can have sufficient time to negotiate a settlement and take the case to court if necessary.

Talk to an Attorney in Waterford about Distracted Driving Truck Accidents

If a distracted truck driver caused an accident that resulted in your injuries, you can demand compensation. An experienced attorney could help navigate distracted driving truck accidents in Waterford and build a strong case against the driver or other involved parties.

At Polito & Harrington, we have decades of experience fighting against insurance companies and taking distracted driving cases to court. Our goal is to protect the rights of injured people and give them a strong chance to receive fair compensation. Call us to schedule a free consultation today.