Protecting the Rights of Clients Injured in Truck Accidents Caused by Distracted Truck Drivers in Delaware
Trusted truck accident attorneys safeguarding the interests of injured clients in Wilmington, Seaford and Newark, DE
Commercial trucks – with their massive size and weight and speed – can wreak tremendous damage if not for the skillful control of their driver. But what about those moments when the driver takes his or her attention from controlling an 80,000 pound machine, to responding to a text message they just received? What the truck driver thinks of as a split second might actually be closer to four or five seconds of inattention from the task of driving. Unfortunately, that is just long enough to cause a horrific accident that can result in catastrophic injuries or death for the unsuspecting passenger vehicle that ends up in the truck’s path. Distracted driving, and more specifically, texting behind the wheel is reckless, negligent behavior. It is against federal regulations for truckers, and if a truck driver causes an accident because they were distracted by a hand-held mobile device there are stiff penalties waiting for them.
At Silverman, McDonald & Friedman, we understand how frustrating it can be when you find out that the tragic accident that took the life of a loved one, or caused you catastrophic injuries from which you wonder how you will recover, were caused by something as trivial as the truck driver paying attention to a video on his or her phone rather than focusing on the task of controlling their truck. Our team of Delaware tuck accident lawyers fights to get compensation for your injuries, and we can bring a wrongful death action on behalf of your loved one.
Federal law bans texting for commercial truck drivers
In an effort to put an end to distracted driving by truckers, the Federal Motor Carrier Safety Administration has put rules in place that place an absolute ban on texting or calling using a hand-held device for commercial vehicle operators (CMV). According to FMCSA rules, texting means manually entering alphanumeric text into, or reading text from, and electronic device. The only way in which CMV drivers may use a mobile phone and stay within the rules is to use an earpiece or speakerphone, or they may utilize a voice-activated or one-button touch feature to initiate, answer or end a call. The FMCSA reports recent research that show the odds of being involved in an accident are 23.2 time greater when a CMV driver is texting than when they are not.
Penalties for CMV operators using a hand-held phone
Some of the penalties for a CMV driver who is caught using a hand-held mobile device while driving include civil penalties of up to $2,750 and they could be disqualified as a driver after multiple offenses. Trucking companies may not require their CMV drivers to text or use their mobile phone while driving or they could be liable for civil fines of up to $11,000.
Other forms of distracted driving for truck drivers
Texting and dialing a phone are not the only ways in which a truck driver’s attention might be distracted from the task of driving. Some other secondary activities done while driving may include:
- Reading a map
- Doing paperwork
- Eating or drinking
- Reaching for an object
An experienced Delaware truck accident attorney can help make sure that the accident is thoroughly investigated and the cause of the accident is determined. If a truck driver was engaged in any kind of behavior or activity that distracted him or her from driving and caused them to get into an accident, the CMV operator and the trucking company may be held liable for the injuries and property damage from the accident.
At the law firm of At Silverman, McDonald & Friedman, we work diligently on behalf of our clients to make sure that they get the compensation they deserve when they have been injured in an accident caused by a commercial truck driver in Delaware who was texting behind the wheel. If you lost a loved one on the accident, we can file a wrongful death action on their behalf and make sure that the party who is responsible for your loss is held accountable for their negligence.
Contact an experienced truck accident law firm in Delaware today
You may call the Delaware truck accident attorneys at Silverman, McDonald & Friedman at 302-888-2900 or fill out our quick contact form to schedule a free consultation to discuss your case. We proudly serve clients throughout Delaware from our offices in Wilmington, Seaford, and Newark.