Distracted driving is as dangerous as drunk or drowsy driving and plays a role in many accidents. Truckers may be more vulnerable to distracted driving than motor vehicle operators because they generally spend more extended periods on the road. They may daydream while driving, which could cause their attention to wander, and long-haul drives can make it tempting to eat or check a text while on the road. These may seem like simple actions, but they all take attention away from driving.
You may be entitled to a substantial financial recovery when you have sustained an injury from a distracted driving truck accident in Dawsonville. A diligent commercial vehicle accident attorney from Smith Hulsey Law could advise you of your potential rights and remedies for compensation following a collision.
Anything that causes a driver to focus on something other than the road is a distraction. Distractions can be visual, manual, or cognitive:
There are many ways that drivers can be distracted. Eating or drinking while driving, listening to audiobooks, shaving, brushing their teeth or hair, making phone calls, or daydreaming are all common ways. Anything that falls under the multitasking umbrella would be a distraction. A lawyer well-versed in 18-wheeler accident cases could help a person pursue a compensation claim after an accident when a trucker’s distraction contributed to the wreck in Dawsonville.
In addition to federal laws and rules, the state addresses texting while driving. Under Georgia Code § 40-6-241, people cannot use cell phones or other wireless communication devices while driving. The law addresses phones, tablets, and even laptops. The law in Georgia is stricter than the law in other states. Georgia forbids people from using any body part to operate a wireless communication device, except for smartwatches and headphones.
When truckers use an electronic device at the time of the wreck, it can be easier to prove a distracted driving claim as electronic devices and apps record when people are using them. However, proving other types of distractions can be more difficult. Our lawyers are experienced in understanding the nuances of pursuing evidence for commercial vehicle wrecks. They will diligently gather relevant evidence to help them prove liability. Our Dawsonville team will use evidence such as witness statements or photos from the scene to establish a distracted driving truck accident claim.
Sometimes, a trucker’s distracted driving is only partially responsible for the accident. In these instances, an injured motorist may wonder if they can still recover from the trucker or other third parties for their injuries. Georgia Code § 51-12-33 establishes a modified comparative negligence rule, which states that if someone is less than 50 percent responsible for the injuries, they can recover from other parties. However, their recovery will be reduced to reflect their portion of responsibility, also known as proportionate negligence.
Distracted driving is always dangerous regardless of the size of the vehicle. However, because of the sheer size of big rigs, the risk of distracted driving truck accidents in Dawsonville is even greater. A moment’s inattention could lead a motorist to sustain severe injuries or even wrongful death.
You may be entitled to substantial compensation when you or a loved one has been injured in one of these claims. Schedule a consultation with a knowledgeable lawyer from Smith Hulsey Law today.
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