Distracted truck drivers place themselves and others on the road at risk of dangerous accidents, resulting in serious injuries. Your injuries could create a legal claim for compensation from liable drivers and their employers after distracted driving truck accidents in Clermont. Our semi-truck crash attorneys are available to review potential cases and could help you navigate applicable personal injury laws.
Sources of Distracted Driving That Could Cause a Collision
Many distractions are available to truck drivers that could cause them to engage in negligent driving behaviors and lead to an accident. The following distractions are often present when investigating the primary causes of Clermont truck accidents:
- Eating food
- Using a cell phone, radio, or another communication device
- Not looking at the road
- Smoking
- Adjusting dashboard controls
- Talking to passengers
When a truck driver engages in these behaviors, they increase the risk of an accident. For example, distractions lead to ignoring posted traffic signals, failing to adjust to changes in traffic flow, and making other driving errors.
The Liability of Truck Drivers and Their Employers for Distracted Driving
Distracted driving could create liability for commercial truck drivers and their employers when an accident occurs and causes injury to another in Clermont. Florida’s negligence law, as explained in Jury Instruction 401.4, imposes liability on those whose actions breach their duty of reasonable care to others and cause them injury.
The negligence of a commercial truck driver could extend to an employer through their vicarious liability or in their negligent hiring. For an employer to have vicarious liability, the employee must have been acting within the scope of their employment and for the benefit of the employer at the time of the accident. Negligent hiring could be a potential claim when the employer failed to conduct proper diligence into the truck driver’s history, which would have shown their unsuitability for the job. For example, a record of past truck accidents or citations for distracted driving.
How the Contributory Fault Rule Could Affect a Case
The potential compensation available against a distracted truck driver or their employer could also depend on the application of the contributory fault rule. This rule reduces an injured person’s compensation by their percentage of fault in causing their own injuries. In cases where the injured person’s fault is greater than 50 percent, Florida Statute § 768.81(6) prevents recovery for damages against other negligent parties altogether.
Do Not Wait to File a Lawsuit After a Distracted Driving Truck Accident
You have a two-year filing deadline under Florida Law § 95.11(4) for injury claims based on the negligence of a distracted truck driver. You must file a claim within this period to preserve your right to seek compensation for damages, including medical expenses, lost wages, and pain endured from the collision.
Our attorneys are available to help those injured in distracted driving truck accidents in Clermont identify potential claims and pursue justice against those at fault. We take a proactive approach to your case and never pass it off to a paralegal. Call today to schedule a consultation.
