Did you get hurt or lose a loved one in a truck accident? Was it due to the careless actions of a distracted driver? If so, contact DeMayo Law Offices, LLP, and we can help you seek the compensation you need to cover your losses and hold the driver accountable.
According to statistics gathered by the Centers for Disease Control and Prevention, an estimated 3,500 people die in distracted driving accidents every year. That’s approximately nine people every day. When someone is operating a motor vehicle, they need to focus on their surroundings and the road ahead. If they redirect their attention to an incoming text, a passenger in their vehicle, or another form of distraction, they could cause a devastating accident.
Collisions between a large truck and passenger vehicle are typically more severe than a collision between two small cars. That is because an 80,000-pound tractor-trailer can create a violent impact that leads to severe injuries and fatalities. If your accident resulted from a distracted truck driver, you have the right to hold them liable for your injuries, medical treatment, and associated expenses.
At DeMayo Law Offices, LLP, we have over 150 years of combined experience. You can depend on your Charlotte distracted driving accident lawyer to advocate for your rights and pursue the maximum financial compensation you deserve. Call us today at (704) 333-1000 for a free consultation to find out more about how we can help.
Types of Distracted Driving
Distracted driving is the act of taking one’s attention, hands, and/or eyes off the tasks required to operate one’s vehicle safely. Three types of driver distractions could lead to an accident that causes injuries or death:
Manual distractions involve a driver taking one or both hands off the wheel. This prevents them from having complete control over their vehicle. Some examples of manual distractions include:
- Manually operating a cell phone
- Changing the radio
- Reaching for something in the back seat
Visual distractions are anything that requires the driver to look at something other than the road ahead. If traffic comes to a standstill or there’s an emergency, they won’t have enough time to react. Some examples of visual distractions include:
- Turning to look at a passenger during a conversation
- Reading an email, text message, or newspaper
- Looking at a GPS
- Staring at something outside
Cognitive distractions take a driver’s focus and attention off of driving for a short or extended period. This can involve visual and manual distractions simultaneously. Some examples of cognitive distractions include:
- Listening to an audiobook
- Engaging in conversation with a passenger or over the phone
- Acts of road rage
- Thinking about an upsetting or infuriating experience
- Feeling rushed to get to work
North Carolina statute § 20-137.4A and the Federal Motor Carrier Safety Administration prohibit truck drivers from operating their truck while using a handheld mobile device. Violations of these laws could result in civil penalties, expensive fines, and loss of their commercial driver’s license.
Take These Steps After A Truck Accident
If a distracted truck driver caused an accident and you sustained injuries, there are multiple steps you should follow immediately. Sometimes there is crucial evidence at a crash scene that you can collect before you leave. It is critical that you begin the legal process on the day of the accident to protect your rights and ensure you have the opportunity to pursue compensation from the at-fault driver.
Call law enforcement. State law requires that you report a motor vehicle accident to the police if it resulted in serious injury or death. Wait for an officer to arrive at the scene and investigate what happened. They will write a crash report with their findings, and you can request a copy when it becomes available.
Take pictures. If your injuries aren’t debilitating and it is safe to walk around, take photos of the area. Pictures of the crash scene, vehicle damage, debris in the road, and visible injuries you suffered could all serve as useful evidence in your case.
Exchange information. Get the truck driver’s name, phone number, insurance details, and employer’s information.
Talk to witnesses. Speak with anyone who saw the accident occur and write down their names and phone numbers.
Go to the hospital. Seek immediate medical treatment after leaving the accident scene. Your doctor might refer you to follow up with another medical provider or undergo imaging testing. You should follow their instructions and attend all your appointments until your doctors release you from their care.
Seek legal representation. Hire a Charlotte distracted driving accident lawyer.
Seek Compensation with An Insurance Claim or Lawsuit
When a truck driver causes an accident, and you get hurt, you could file an insurance claim or lawsuit for compensation for your economic and non-economic damages. Economic damages are all expenses associated with the accident. Non-economic damages are physical and emotional losses suffered. They include the following:
- Medical bills
- Pain and suffering
- Lost income and future earnings
- Property damage
- Emotional distress
- Loss of enjoyment of life
- Out of pocket expenses
- Loss of consortium
You might be entitled to punitive damages as well if you choose to file a lawsuit against the truck driver or their employer. Unlike economic and non-economic damages that compensate accident victims for their losses, it aims to punish the defendant for egregious misconduct and deter them and others from engaging in similar actions in the future.
A jury will only award punitive damages if you can prove:
- The defendant is liable for economic and non-economic damages; and
- They acted with malice, fraud, or willful or wanton conduct.
DeMayo Law Offices, LLP will review your case to determine if you are entitled to damages and calculate the amount you should receive based on your total losses.
At DeMayo Law Offices, LLP, we understand what you’ve been through after a serious injury accident. Large trucks can cause significant damage and lasting injuries, and you shouldn’t have to pay out of pocket for a crash that was not your fault.
Our Charlotte truck accident lawyers have been representing accident victims since 1992. When you hire us, we will fight for justice and the compensation you rightfully deserve. An irresponsible truck driver caused your injuries, and you were forced to deal with the consequences of their actions. We will ensure you don’t have to suffer any longer.
If you were hurt in an accident due to a distracted truck driver, call DeMayo Law Offices, LLP today at (704) 333-1000 for a free consultation.
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