Driving requires undivided attention to your surroundings and the other drivers sharing the road. Today’s drivers face many challenges in warding off distractions from technology and their immediate surroundings. When a crash involves a semi-truck, the possibility of severe injuries and damage increases substantially. Our experienced attorneys at Emmanuel Sheppard & Condon can help you pursue legal action after being injured in a distracted driving truck accident in Miramar Beach.
What Is a Truck?
To qualify as a truck, the Federal Motor Carrier Safety Administration (FMCSA) states that the vehicle needs “a gross vehicle weight rating or gross combination weight rating of 4,537 kg (10,001 lb.) or more, whichever is greater.” The types of vehicles that typically fall into this category include the following:
- 18-wheelers
- Semi-trucks
- Tankers
- Tractor-trailers
Due to the safety concerns of these large vehicles, the state of Florida adopted all the regulations put forth by the FMCSA and added additional regulations.
What Is Distracted Driving?
The privilege of driving comes with the responsibility of protecting the lives and well-being of everyone in your vehicle and on the road around you. This responsibility multiplies for truck drivers due to the potential of more significant risk to other drivers. The potential for distracted driving began with the first automobile on the road, but as technology advances, so does the potential to avert our attention. Below are some of the behaviors that define distracted driving:
- Drinking or eating
- Talking to people in your vehicle
- Adjusting the navigation system
- Talking or texting on your cell phone
- Gazing out the window at the scenery
- Adjusting the radio or other entertainment system
- Applying makeup or other grooming procedures
Florida law defines distracted driving as anything that causes you to take your eyes off the road, your hands off the wheel, or your mind off driving and texting while driving, which falls into all three of these categories. The National Highway Traffic Safety Administration states that distracted driving kills over 3,000 people annually nationwide. Since texting while driving is considered a visual, manual, and cognitive distraction, texting while behind the wheel is illegal under Florida Statutes § 316.05.
Liability for Truck Wrecks Caused by Distracted Driving
Florida state law requires all drivers to keep their attention entirely on the road, also called the “duty of care” law. If a semi-truck driver loses focus on their driving, they could cause a catastrophic accident, resulting in vehicle damage, injuries, or even death. In addition to the driver, the trucking company responsible for their training may also be liable. Working with a legal team with experience litigating cases involving distracted truck drivers will ensure you receive fair compensation.
Medical Considerations
The NHTSA reports over 3,000 deaths annually caused by distracted driving, with cell phones and texting responsible for many of those fatalities. Besides fatalities, distracted driving truck crashes in Miramar Beach can also result in:
Some injuries may result in temporary or permanent disability, altering your personal and professional life. You may face enormous medical costs made worse by increased insurance premiums.
Legal Considerations
Florida state law bans commercial truck drivers from reading, writing, and sending texts behind the wheel. Federal law further enforces this state legislation by banning the use of any handheld electronic device for any reason. Despite aggressive legal efforts, truckers still use these devices while on the road.
And, of course, other forms of distraction continue to mar the trucking industry’s accident record. With multiple parties potentially culpable and complicated state and federal legislation, it makes sense for those involved in a distracted truck driving crash to seek legal representation.
Steps to Take if You’re the Victim of a Distracted Truck Driver Accident
The legislative and medical complexities involved in distracted driving truck wreck cases in Miramar Beach require guidance from a dependable legal team. However, victims of these accidents must take immediate steps after the incident to ensure the most robust case for their restitution. If you are involved in one, you should:
- Call 911 immediately to report the accident to the police and get medical attention.
- While waiting for medical help, get the insurance information from the truck driver.
- Your health should always take priority. Even seemingly minor injuries should get medical attention quickly. Besides preserving your best health, prompt medical care will also help ensure a smoother legal process. Prompt action is essential since Florida’s statute of limitations to file suit over an injury is two years.
- Contact legal representation with experience in working with truck accident cases.
- Follow up or select an advocate to follow the progress of the legal team. Make sure you are available for follow-up questions and information to adhere to the statute of limitations surrounding these areas.
Reach out to a knowledgeable legal professional today to get started on your case.
After a Collision With a Distracted Truck Driver, Call a Miramar Beach Attorney
Emmanuel Sheppard & Condon began serving the people of Miramar Beach and Pensacola in 1913. Our legal team believes in fighting for the best possible settlement for our clients. If you seek legal help because of injuries sustained in a distracted truck driver accident in Miramar Beach, don’t hesitate to contact us for a consultation. Our team is here to help you with every step of the legal process.
