Driving while distracted can be dangerous for all drivers. However, when it involves trucks, the consequences may be even more devastating because of their size and weight. When a big rig strikes a smaller passenger vehicle, invariably, the occupants of the smaller vehicle suffer more grievous injuries. It is common for distracted driving to be a factor in some of the most serious truck accidents we see in New York and around the country.
What is Distracted Driving?
Distracted driving is any type of activity that diverts attention from the act of driving. This includes talking or texting on your phone, eating or drinking, talking to passengers in the vehicle, or fiddling with the radio or navigation system. Texting is considered the most alarming distraction while driving. It is estimated that sending or reading a text takes your eyes off the road for about five seconds. That is the same time that it takes to drive the entire length of a football field. So, when you drive and text for 5 seconds, your eyes and attention is off of the road that is ahead as your vehicle covers a distance equal to the length of a football field.
According to the National Highway Traffic Safety Administration (NHTSA), in 2016 alone, 3,450 people were killed and 391,000 were injured in traffic accidents involving distracted drivers. During daylight hours, about 481,000 drivers are using cell phones while driving. These numbers show the significant danger distracted driving poses to everyone on the roadway.
Laws Against Distracted Driving
The Federal Motor Carrier Safety Administration (FMCSA) has passed federal rules, which prohibit drivers of commercial vehicles including large truck drivers from operating a vehicle while distracted. An FMCSA rule restricts the use of all hand-held mobile devices by drivers of commercial motor vehicles. This means that a truck driver is restricted from holding a mobile device to make a call, or dialing by pressing more than a single button.
Truck drivers who use a mobile phone while driving can only use a hands-free phone located in close proximity. Using a hand-held mobile phone while driving a commercial truck may result in penalties and fines up to $2,750 for drivers and up to $11,000 for employers who allow or require drivers to use a hand-held communications device while driving.
Truck drivers are also prohibited from texting while driving. Under this FMCSA law, texting refers to manually entering text into, or reading text from, an electronic device. This includes short message services, emails, instant messaging and pressing more than a single button to initiate or terminate a call using a cell phone.
Compensation for Victims
Injured victims of truck accidents can seek compensation for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased victims may be able to file a wrongful death lawsuit seeking compensation for damages such as lost future income, medical and funeral costs, etc. An experienced New York truck accident lawyer will be able to stay abreast of the official investigation and ensure that their legal rights and best interests are protected.
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in an auto accident caused by a negligent driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 46 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole.
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