Texting and Driving Truck Accidents in Colleyville
Commercial truck drivers owe a heightened duty of care to other vehicles on the road, per the Federal Motor Carrier Safety Administration (FMCSA) and other government agencies. When drivers do not meet this duty and text while driving, they create a hazardous situation on the road that could lead to an accident that causes significant property damage, serious injury, and even death.
People injured in texting and driving truck accidents in Colleyville should retain a seasoned legal professional for assistance with their case. An experienced semi-truck crash lawyer could investigate the cause of an accident to prove liability, argue your case in court, or negotiate for a fair payout with the insurance companies. A dedicated attorney at our firm could work with you to determine the best course of action, depending on your specific goals and the facts of your case.
Texas Laws that Apply to Texting While Driving Truck Accidents
Per Texas Transportation Code § 545.425, texting while driving is prohibited in the state. This rule applies to all drivers, including commercial truck drivers. In addition, Texas Transportation Code § 545.401 requires drivers to exercise due care to avoid hitting a pedestrian or another vehicle. Their violation of one or both of these laws could be relevant to finding a defendant liable in a related personal injury case.
Additionally, Texas Civil Practice and Remedies Code § 82.002 holds that trucking companies are liable for the actions of their drivers. This could include liability for a driver who causes an accident while texting and driving. A knowledgeable Colleyville texting and driving truck crash attorney could advise on the full range of applicable laws based on the circumstances of a specific accident.
Proving Liability for a Texting and Driving Truck Wreck
In an accident involving a commercial truck, many parties could be legally responsible, such as:
- The truck driver
- The truck manufacturer
- The parts manufacturer
- The truck owner or employer
Additionally, the local municipality could be at fault if the roads were not properly maintained or marked. A proactive Colleyville texting and driving 18-wheeler collision lawyer could help investigate an accident to determine who is liable. Such an investigation could include:
- Recreating the accident
- Consulting with experts
- Scrutinizing medical reports
- Researching applicable laws
- Analyzing video and photo evidence
- Reviewing the police report and witness statements
The more potential defendants, the more avenues for financial recovery for the injured party. Texas is a contributory negligence state, meaning that an injured person can still recover compensation if they are no more than 50 percent to blame for an accident.
Dealing With the Insurance Company After a Collision
Most cases settle out of court. Thus, a plaintiff might be tempted to handle dealing with the insurance companies on their own to avoid paying for an attorney. One of the many reasons this could be unwise is because insurance representatives are prone to make lowball settlement offers that victims—not knowing the true value of their cases—take. Thus, they receive much less than they deserve for their injuries.
A qualified lawyer could provide an accurate case valuation and use their legal skills to negotiate for a comprehensive settlement with the insurer or insurers. In a case with multiple defendants, multiple insurance companies will likely be involved. These for-profit companies need to protect their bottom line and thus can be quite difficult to deal with. A diligent Colleyville texting and driving tractor-trailer wreck lawyer could handle all dealings with the insurance company on an injured party’s behalf, saving them considerable time and stress.
Contact a Colleyville Texting and Driving Truck Accident Attorney Today
You owe it to yourself to get solid representation as you seek to be made whole for your injuries. Contact a legal professional with experience navigating texting and driving truck accidents in Colleyville for a free consultation.
You deserve quality representation when facing the legal system or dealing with insurance companies. The stakes are too high to mess this up. Be sure you have trusted legal counsel by your side to advocate for your rights. Call our firm today.