Texting and Driving Truck Accidents in Banning

Distracted driving is dangerous, but the risks multiply when a large commercial truck is involved. Every moment a trucker’s eyes are off the road, a massive vehicle moves without proper control. Federal regulators have addressed this hazard by prohibiting truck drivers from texting while driving, and California law includes similar restrictions. Despite these rules, texting and driving truck accidents in Banning continue to occur, often with devastating consequences.

If you have suffered because a truck driver was not paying attention, you may be coping with severe injuries, mounting medical expenses, and the frustration of knowing another’s recklessness caused your situation. Speaking with an experienced 18-wheeler accident attorney could help you understand your rights and the steps available to pursue a settlement.

Negligence Per Se in Texting and Driving Claims

In most personal injury cases, the injured party must prove the other person acted negligently, which generally involves showing that they failed to meet their duty of care. However, if the driver’s actions violated a law intended to prevent accidents, they may be considered negligent per se under California Evidence Code § 669. In these cases, proving a breach of duty becomes unnecessary, the violation itself serves as proof of negligence.

This concept can be especially useful in texting and driving truck accident cases. Both federal and state laws prohibit the behavior: the Federal Motor Carrier Safety Administration bans truck drivers from texting while driving under 49 C.F.R. § 392.80, and California Vehicle Code § 23123 prohibits all drivers from manually operating a mobile device while driving. Because these are public safety laws, a truck driver in Banning who causes a crash because they were distracted by their phone can likely be found negligent per se, which could strengthen a claim and increase its potential value.

What Are Recoverable Damages After a Texting and Driving Truck Crash?

Victims of texting and driving truck collisions in Banning may be entitled to compensatory damages, which could include economic and non-economic losses. Economic damages can include medical bills, lost wages, rehabilitation costs, and other measurable expenses, while non-economic damages may involve emotional distress, such as pain and suffering and reduced quality of life.

Under California Proposition 213, an uninsured injured party, even if not at fault, cannot recover non-economic damages. This restriction can significantly limit recovery in cases in which the damages are mostly pain and suffering. An attorney could review whether any exceptions apply in such situations.

Holding Employers Accountable

California law holds employers liable for their employees’ negligence if the wrongful act occurred within the scope of employment. This means that in many Banning wrecks where a trucker was negligent because of a mobile device, the trucking company, not just the driver, could be held responsible for damages. This is important because companies typically have higher insurance limits and greater resources to cover large claims.

Contact a Banning Texting and Driving 18-Wheeler Crash Lawyer

Texting and driving truck accidents in Banning can cause catastrophic injuries and life-changing consequences. Another’s careless actions should not burden you with financial and emotional costs. A knowledgeable attorney could help build a strong negligence per se case, calculate your damages, and hold the responsible parties accountable.

Contact Walter Clark Legal Group today for a free consultation to learn how we could help you seek the compensation you deserve.