Texting and Driving Truck Accidents in VA Eastern Shore
Texting and driving any vehicle is unsafe, but it is especially dangerous when operating a big rig. Commercial trucks are bulky, multi-ton vehicles that require extensive training and focus to drive. Despite state and federal laws forbidding texting and driving, some tractor-trailer drivers still engage in this reckless behavior.
If you or a loved one were seriously injured in a texting and driving truck accident on the VA Eastern Shore, you deserve skilled representation. Allow Cooper Hurley Injury Lawyers to handle your legal case and seek compensation on your behalf.
Why Truck Drivers Who Text Are So Dangerous
Texting while driving is very distracting. It requires a truck driver to take their eyes off the road to read the message and remove at least one hand from the steering wheel to type a response. This form of distracted driving can lead to many issues, including:
- Delayed reaction times
- Drifting out of the lane
- Missed stop lights and signs at intersections
- Failure to check blind spots
- Inability to see hazards on the road
These conditions can lead to many types of accidents, including rear-end collisions, T-bone crashes, and rollover wrecks. A seasoned lawyer can help you hold the texting trucker responsible for the accident.
Distracted Driving Laws on the Eastern Shore
Virginia Code § 46.2-818.2 prohibits drivers from holding a cell phone or other wireless communication device in their hand while driving. However, there is an exception for emergencies and times when the vehicle is lawfully parked or stopped.
According to this law, texting while driving is punishable by a $125 fine for the first offense and $250 for additional offenses. Commercial truckers may face even harsher penalties like the suspension of their commercial driver’s license (CDL).
It is important to note that civil lawsuits are separate from these penalties. You may file an accident claim against a trucker who was cited for texting while driving.
Negligence Per Se in Texting and Driving Cases
If the trucker is ticketed for texting while driving at the scene of the accident, you may be able to use that citation as proof they committed a negligent act. This legal concept is known as negligence per se.
In this scenario, you would only need to prove that the accident caused your injuries and demonstrate the extent of your economic and non-economic damages. A skilled lawyer on the Eastern Shore can investigate your accident to determine whether the truck driver was cited for texting.
Ordinary Negligence Cases
Even if the truck driver was not given a ticket, you can still file a negligence claim. In this case, you must show the driver was texting and that this conduct led to your accident and the resulting damages. A lawyer could help you prove liability by obtaining traffic camera footage or subpoenaing the driver’s cell phone records.
Consult a Texting While Driving Truck Accident Attorney in VA Eastern Shore
Taking on a large trucking company in an accident case can be complicated, as there are often multiple insurance companies involved. Our legal team has experience with texting and driving truck accidents on the VA Eastern Shore. Contact Cooper Hurley Injury Lawyers today to schedule your free legal consultation.