Distracted driving is one of the most common causes of serious wrecks. The consequences may be especially dire when a truck driver is inattentive.
Rainwater, Holt & Sexton represents people injured in distracted driving truck accidents in Little Rock. Our 18-wheeler wreck attorneys have the experience, knowledge, and skills to obtain a favorable outcome in your case.
Driving a big rig is a difficult job. Long-haul truckers may drive for many hours for several days straight. It is not surprising that they might have trouble keeping their focus on the road. However, situational awareness is essential to safely operate a truck, and anything that could reduce that awareness is a potentially dangerous distraction.
Truckers may use cell phones to call, text, or watch video content while driving. Eating, smoking, grooming, and talking to passengers can distract a truck driver enough to cause a wreck. Even listening to the radio, a podcast, or an audiobook can be a distraction if it diverts the driver’s attention from their surroundings.
When our Little Rock attorneys investigate the circumstances of a tractor-trailer collision, we look for evidence that something distracted the driver. Cell phone records, credit card receipts, and video evidence can all help prove the truck driver’s attention was not on the road when the wreck occurred.
When a truck driver is negligent, responsibility for their actions usually falls on the trucking company that employs them. Employers are generally responsible for the careless acts their workers commit within the scope of their employment.
If the trucker is an independent contractor, the transportation company may try to avoid liability. However, a knowledgeable Little Rock attorney could gather evidence showing the trucking company is responsible for a distracted driving crash because it:
Trucking companies carry generous commercial insurance policies. Holding them accountable for truckers’ actions increases the pool of insurance coverage and helps ensure that you receive fair compensation.
When negotiating with a trucking company’s insurer or taking a case to trial, you must prove your damages. Your damages are the losses you suffered and may continue to suffer due to your injuries.
You may prove your economic damages with documentation such as invoices, receipts, and tax returns. You may prove your non-economic damages—often called pain and suffering damages—with journals describing how you are feeling as you recover, photographs of your injuries and any permanent scars, and videos demonstrating your physical limitations after the injury.
Arkansas Code § 16-55-206 allows you to pursue punitive damages if you have proof that the truck driver acted maliciously or with reckless disregard for others’ safety. Courts calculate punitive damages based on the extent of the defendant’s misconduct, rather than your losses. Our Little Rock attorneys could review the evidence in your distracted truck driver wreck case and explain whether it is sufficient to justify a claim for punitive damages.
Taking on the trucking industry is a job best left to professionals. Over the years, we have achieved a positive outcome for numerous victims of distracted driving truck accidents in Little Rock. Contact Rainwater, Holt & Sexton today to discuss your case.
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