Because truck drivers have to work long hours on the road, it is not uncommon for them to become tired or inattentive. If a driver was not paying attention to the road and causes a crash, you could hold them liable for your losses.
If you have questions about a distracted driving truck accident in Southampton, do not wait to reach out. Our qualified semi crash attorneys can help you submit a legal claim within the state’s statute of limitations.
Distracted Driving Laws for Truckers in Southampton
The rise of cell phone use across the nation prompted several states to implement distracted driving laws. In the state, Pennsylvania Consolidated Statutes Title 75 §3316 elaborates on its expectations of rig drivers. The state notes that 18-wheeler drivers are prohibited from texting with hand-held devices while behind the wheel. This being the case, truckers are allowed to initiate and engage in phone calls without triggering a response from local law enforcement.
With this in mind, Southampton truck drivers who use their phones at the time of a crash may face serious consequences. Using a cell phone to text behind the wheel constitutes a violation of an 18-wheeler driver’s duty of care. All drivers have a duty of care to keep those around them safe while they operate their vehicle, and breaching that duty could cause a driver to be held liable for injured parties’ losses.
Other Forms of Distraction
Big rig drivers are not just distracted by their cell phones. Individuals who are eating, falling sleeping, or smoking while at the wheel can all be accused of driving while not paying attention to the road.
Parties injured in a rig accident can discuss viable forms of distraction with a hardworking attorney. An attorney can work with local law enforcement or a private investigator to determine what kind of distraction caused the wreck and what evidence the injured party may need to submit for a court to review their claim.
Responding to Inattentive Semi Driving Collisions
Anyone interested in taking a distracted truck driver to court must file a legal claim. These claims present the court with the details of the potential case, including:
- The identity of the liable entity
- Evidence of liability
- Evidence that the aforementioned party violated their duty of care
- An assessment of the injured party’s losses
- An estimate of the compensation the injured party believes they may be owed
In determining compensation, the filing party has the right to request an assessment of their economic and non-economic damages. If the accident appears to have involved some gross negligence on the part of a liable party, then the court may apply punitive charges to the case.
Statute of Limitations
Injured parties in Southampton who want to file a claim after an inattentive driving 18-wheeler collision have a limited amount of time to do so. All parties must have the appropriate paperwork in order within two years of their wreck. The statute of limitations is outlined by PA C.S. Title 42 §5524.
Call an Attorney about Distracted Driving Truck Accidents in Southampton
Distracted driving can take many forms. Whether someone is texting, eating, or falling asleep at the wheel, their inattentiveness can create catastrophic, and even deadly, ramifications. If a driver is not paying attention to the road, they can be the cause of a crash.
State law allows parties injured in a semi wreck caused by distraction to take legal action against the liable party. Work with an attorney about your Southampton distracted driving truck accident to identify the responsible party and hold them accountable for your losses. For more information about your roadway rights, schedule a consultation with our firm.