Distracted Driving In Tractor-Trailer Accidents
In recent years, Florida has worked hard to make more people aware of the dangers of distracted driving – texting and driving is among the most dangerous distractions, but all types of distractions can lead to injuries and fatalities. It is important to keep in mind that this applies not only to private cars, but also to tractor-trailers and other commercial vehicles – indeed, it is arguably more important that commercial drivers work hard to avoid distractions than most, given the degree of damage such a large vehicle can do.
What Is Sufficiently Distracting?
The Federal Motor Carrier Safety Administration (FMCSA) forbids commercial drivers from engaging in “distracting activities,” but in practice, totally refraining from such behaviors is impossible – in some situations, even thinking about something other than the road may count as a distraction. Still, if a reasonable person would find a certain behavior distracting, such as talking on the phone or using a dispatching device (a device connected to a trucker’s dispatcher that handles the vehicle’s logging, among other tasks), a judge or jury will generally determine it is distracting.
It is difficult – but important – to find the middle ground on this issue. It is unlikely, for example, that a truck driver will pull over every time they need to drink water – but at the same time, a driver who is watching a movie on their phone while operating a large commercial vehicle is almost certainly acting in a reckless manner according to a reasonable person. A knowledgeable attorney can determine whether the driver’s operation of their vehicle was negligent enough to merit a lawsuit.
Evidence Is Crucial
It can be difficult to establish negligence on the part of a tractor-trailer driver in this type of accident simply because showing the driver was distracted can be difficult without sufficient evidence. Anything from witness statements to CCTV records to data from the tractor-trailer and the trucking company employing them can make a difference in your case, but the evidence must be there in order to help establish exactly how the accident occurred.
Be advised, in addition, that if certain criteria apply, a trucking company may be held liable for the actions of their employees. This is a theory known as vicarious liability, and while it is not quite the same as negligent hiring or negligent entrustment, it does seek to hold the driver’s employer liable for the harm the driver might have caused while on the clock. While tractor-trailer accidents cause significant harm – particularly if the driver is distracted – at least an injured plaintiff has many options with which to seek redress.
Contact A Tampa Tractor-Trailer Accident Attorney
A distracted driver can make serious injuries even more significant, and an injured plaintiff has every right to seek the compensation they deserve if they believe distraction played a role in their accident. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help guide injured plaintiffs through what can be a time-consuming legal process. We are here to help – call our office today at (813) 831-9999 to schedule a consultation.
