No matter what type of vehicle you’re operating, every driver on public roads has a legal duty to keep their full attention on driving and keep an eye out for other cars and people near them. Not only are commercial truck drivers not an exception, it’s especially crucial for them to stay focused while driving—after all, they’re usually carrying tens of thousands of pounds of cargo. All that weight colliding with any commuter car tends to have devastating repercussions.
Unfortunately, that last fact is one you might know all too well now, thanks to a truck driver failing to live up to their legal duty and carelessly causing a traffic accident. Fortunately, distracted driving truck accidents in Bensalem can often serve as strong grounds for civil litigation, provided you know your rights and have help from a skilled truck accident lawyer to enforce them.
In one case, our firm recovered $10 million for a client who suffered catastrophic injuries when his vehicle was crushed in the rear by a tractor-trailer. We’re ready to fight for you and your rights. Rich Godshall at Ostroff Godshall Injury and Accident Lawyers has years of experience representing injured people like you.
How Do You Prove a Distracted Truck Driver Caused a Wreck?
There’s no shortage of ways a truck driver can get distracted behind the wheel, ranging from overtly illegal behaviors like texting and driving to less obvious forms of negligence like:
- Reading a map or looking at a GPS
- Using a CB radio
- Changing a music playlist or radio station
- Reaching for something in the passenger seat or the back of the cab
- Talking to someone in the cab or over the phone
- Personal grooming
- Eating and drinking
- Reading a book
- Watching a video
Any of these behaviors qualify as a breach of the legal duty truck drivers have to act responsibly and safely on the road, and if they directly lead to a driver getting into a wreck, it qualifies as negligence worthy of an injury lawsuit as well.
Proving specifically that a truck driver was driving distracted right before a truck wreck in Bensalem is often difficult in practice since there’s usually not a lot of evidence showing exactly what was distracting a particular driver. In practice, it’s often more effective to show that a truck driver objectively violated a traffic law because they were probably distracted—for example, they went over the speed limit because they were looking at their phone instead of the road ahead of them.
Getting Paid Fairly Within Filing Time Limits
Another potential obstacle to civil recovery after distracted driving truck crashes in Bensalem is the statute of limitations for injury claims. Under Pennsylvania law, you typically have two years at most after initially getting hurt to start any lawsuit you’re ever going to file over that injury, no matter how long your injuries will continue to negatively affect your life.
When you file a strong claim in a timely fashion, though, you may be able to demand compensation for losses that go far beyond what car insurance usually covers, such as:
- Physical pain and discomfort
- Psychological and emotional distress
- Loss of life’s pleasures
- Long-term medical expenses
- Lost work wages and future earning ability
- Personal property damage
A seasoned lawyer can discuss what losses you might be able to recover for in your specific situation during a private initial meeting.
Consider Working with a Bensalem Attorney on Your Distracted Driving Truck Accident Case
Distracted drivers put everyone around them at risk of serious harm, not just themselves, and that’s especially true for people driving massive tractor-trailers weighing up to 80,000 pounds. No matter how heavy a particular semi was, you likely have a right to seek civil restitution over any injuries you suffered because of its driver being distracted.
Distracted driving truck accidents in Bensalem are much easier to handle with skilled legal representation on your side. Call Ostroff Godshall Injury and Accident Lawyers today to get started on your possible claim.
