This is the fourth post in our series on the handling of Fort Worth, Texas area injury cases which stem from distracted driving. Our last article discussed how comparative fault impacts distracted driving cases. It is important to understand that you may be able to recover for your injuries even if you were partially to blame for the accident. In this post we will discuss another important topic – how issues related to distracted driving impact commercial trucking accidents. We cannot stress enough the fact that you should contact a personal injury attorney if you have been hit by a big rig.
Distracted driving is common in the United States and Texas is no exception. The rise of smartphones and other technology has led to people paying attention to something other than the road while driving. Unfortunately there are also times when a commercial truck driver may be talking on the phone while operating a big rig. This can result in a trucking accident which may result in serious injuries due to the size and force of such a vehicle. In such an instance it is possible that individuals other than the driver will also be held responsible for the driver’s conduct.
Employers are responsible for the acts of their employees. This means that the owner of a commercial truck may be held responsible not only for an accident, but for negligent conduct such as distracted driving by the operator. If, for example, the driver had previously been reprimanded for such conduct then the employer would have knowledge that a dangerous situation existed. If the owner did not adequately address the issue previously then they may be found liable for negligent supervision. Also, if the employer did not have written policies or other rules prohibiting the use of cellphones while driving then they may be seen as not having taken adequate steps to prevent the accident.
Trucking accidents are complex matters which often involve multiple defendants. Quite often one will need to bring suit against the driver, the truck’s owner, and potentially other parties. This can make determining who to sue, as well as the responsibility of each party, a complicated affair. It is important that you hire a lawyer who has experience in handling such matters, who knows how to deal with cases which involve multiple defendants, and who has the financial resources necessary to take on large defendants. This is true regardless of whether your case is in counties including Tarrant, Dallas, Johnson, and Wise counties as well as Hurst, Euless, Bedford, Haltom City, Richland Hills, North Richland Hills, Watauga, Grapevine, Colleyville, Southlake, Arlington, Keller, Grand Prairie, and Dallas.