Can I Sue for a Truck Accident Caused by Distracted Driving?

TL;DR: Yes, you can absolutely sue for a truck accident caused by distracted driving. A successful claim requires you to prove that the truck driver’s distraction was a form of negligence that directly led to the crash and your injuries. Key evidence often includes the official police report, eyewitness accounts, the driver’s cell phone records, and crucial data from the truck’s electronic logging device (ELD) or “black box.” You may be able to seek compensation for medical costs, lost income, and pain and suffering from both the driver and the trucking company that employs them.

Large commercial trucks are a constant presence on our nation’s highways, but their size and weight make them uniquely dangerous when operated improperly. According to the Federal Motor Carrier Safety Administration (FMCSA), there were over 150,000 injury-causing crashes involving large trucks and buses in a single recent year. A significant portion of these incidents involves some form of driver inattention. Distraction is more than just a momentary lapse; for a commercial driver, it can be a catastrophic breach of professional duty.

Unlike typical drivers, commercial truck operators are held to a much higher standard of care under federal and state law. They are professionally trained, licensed, and required to follow strict FMCSA regulations designed to prevent exactly this type of behavior. When a truck driver chooses to text, eat, adjust a GPS, or engage in any other distracting activity, they are not only breaking the rules but also violating the trust placed in them to operate their vehicle safely. This violation forms the legal basis for a personal injury lawsuit, allowing victims to hold the responsible parties accountable.

Establishing Negligence: The Foundation of Your Claim

To successfully sue for a truck accident, your case must be built on the legal principle of negligence. This means you and your legal team must prove four specific elements to establish that the truck driver is legally responsible for your injuries. Think of these as the four legs of a table; if one is missing, the entire claim can collapse.

The four elements are:

1. Duty of Care: You must show that the truck driver owed you a legal duty to operate their vehicle with reasonable care to avoid causing harm. For a commercial driver, this duty is elevated due to their professional status and the inherent danger of a large truck.
2. Breach of Duty: This is where distracted driving comes in. You must prove the driver violated their duty of care. Using a cell phone, manipulating a navigation device, or even being cognitively distracted by a conversation can constitute a breach.
3. Causation: You have to connect the driver’s breach of duty directly to the accident. It’s not enough to show the driver was texting; you must demonstrate that the act of texting caused them to run a red light, drift into your lane, or fail to stop in time, which in turn caused the crash.
4. Damages: Finally, you must prove that you suffered actual harm as a result of the accident. This includes physical injuries, medical bills, lost wages, property damage, and emotional distress.

The Higher Standard of Care for Truck Drivers

Commercial truck drivers are not just average motorists. They operate under a special set of federal rules managed by the FMCSA. For instance, FMCSA regulation § 392.82 explicitly prohibits texting while driving a commercial motor vehicle. Regulation § 392.80 forbids holding a mobile phone to make a call. When a driver violates a specific safety regulation like this, it can trigger a legal doctrine called negligence per se. This powerful tool means the act of violating the safety law is, by itself, considered proof of negligence. You no longer have to argue about what a “reasonable” driver would do; the driver broke a clear rule, and that action is the breach of duty.

What Constitutes Distracted Driving?

Distracted driving is a broad category that goes far beyond texting. An experienced atlanta truck attorney will investigate all potential forms of distraction to build the strongest possible case. These distractions fall into three main types:

• Visual Distractions: Anything that takes the driver’s eyes off the road. Examples include looking at a GPS or map, checking a dispatch device, watching a video, or even looking at paperwork on the passenger seat.
• Manual Distractions: Anything that takes the driver’s hands off the steering wheel. This includes eating or drinking, smoking, adjusting the radio or climate controls, or holding a cell phone.
• Cognitive Distractions: Anything that takes the driver’s mind off the task of driving. This is the most difficult to prove but can include being lost in thought, talking to a passenger (or on a hands-free device), or dealing with stress from a dispatcher.

In many cases, an action like texting involves all three types of distraction at once, making it especially dangerous.

Gathering Critical Evidence to Prove Distraction

Because a truck driver is unlikely to admit they were distracted, your case will depend on the quality and strength of the evidence you can gather. Trucking companies and their insurance carriers often dispatch investigators to the scene immediately to control the narrative. This makes it vital for you or your representative to act quickly to preserve evidence that proves what really happened.

Unlocking Data from the Truck’s Technology

Modern commercial trucks are equipped with sophisticated technology that records a wealth of data. This information can be invaluable in proving a distracted driving claim.

• Event Data Recorder (EDR): Often called the “black box,” the EDR records critical data in the seconds just before and during a crash. It can show the truck’s speed, whether the brakes were applied, the steering angle, and the force of impact. If the data shows no braking before a rear-end collision, it strongly suggests the driver was not paying attention to the road ahead.
• Electronic Logging Device (ELD): Mandated by the FMCSA, ELDs track a driver’s hours of service to prevent fatigue. This data can also show when the truck was in motion and when it stopped. Cross-referencing this timeline with cell phone records can create a powerful picture of the driver’s activities.
• In-Cab Cameras (Dashcams): Many trucking fleets now use forward-facing and driver-facing cameras. If available, this footage can provide undeniable proof of distraction, showing exactly what the driver was doing at the moment of impact.

It is critical to send a spoliation letter to the trucking company immediately. This is a formal legal notice demanding they preserve the truck and all its electronic data. Without it, they may legally destroy or overwrite this crucial evidence.

The Power of Cell Phone Records

A driver’s personal and work-issued cell phones are a primary source of evidence. Through a legal process called a subpoena, your attorney can obtain detailed records from the mobile carrier. These records don’t show the content of messages, but they do show:

• The exact time and date of all incoming and outgoing calls and texts.
• Data usage, which can indicate if the driver was using social media, streaming video, or browsing the internet.

By comparing the timestamps on these records to the time of the crash as listed in the police report, you can build a clear timeline that shows the driver was actively using their phone instead of focusing on the road.

Traditional Evidence Sources

While technology is powerful, traditional evidence remains essential. This includes:

• The Official Police Report: This report contains the officer’s initial observations, diagrams of the crash scene, and any citations issued to the driver.
• Witness Statements: Independent witnesses with no stake in the outcome can provide credible, unbiased accounts of what they saw.
• Photos and Videos: Pictures of the crash scene, vehicle damage, road conditions, and any visible injuries are vital for showing the reality of the incident.

Who is Liable? The Driver, the Trucking Company, or Both?

In a truck accident case, liability often extends beyond the individual driver. The trucking company (the motor carrier) can also be held legally responsible for the crash. This is important because a company typically has far greater financial resources and larger insurance policies than an individual driver, which is critical for covering the severe damages common in truck accidents.

Liability can be assigned to the company in two primary ways: vicarious liability and direct negligence.

Vicarious Liability (Respondeat Superior)

The legal doctrine of respondeat superior means “let the master answer.” It holds an employer responsible for the negligent acts of an employee, as long as the employee was acting within the scope of their employment at the time. Since driving the truck is the core of the driver’s job, the trucking company is almost always vicariously liable for a crash caused by their driver’s distraction. You do not need to prove the company did anything wrong itself; you only need to prove its employee was negligent while on the job.

Direct Negligence of the Trucking Company

In many cases, the trucking company itself is also directly negligent. This happens when the company’s own careless actions or policies contribute to the crash. An investigation may reveal that the company:

• Engaged in Negligent Hiring: Did they hire a driver with a known history of traffic violations, DUIs, or previous distracted driving incidents? A proper background check should have revealed these red flags.
• Provided Inadequate Training: Did the company fail to train its drivers on its specific policies regarding cell phone use and other distractions? Did it fail to educate them on the dangers and relevant FMCSA regulations?
• Failed in Supervision: Some companies have policies against distraction but do nothing to enforce them. If they ignore driver logs, dashcam alerts, or other signs of unsafe behavior, they can be held liable for negligent supervision.
• Encouraged Unsafe Practices: Some motor carriers place extreme pressure on drivers to meet unrealistic delivery schedules. This can implicitly encourage drivers to speed, drive while fatigued, or use their phones to coordinate logistics while on the move, creating a culture where safety takes a backseat to profit.

Proving direct negligence can sometimes lead to the possibility of punitive damages, which are intended to punish the company for reckless behavior and deter it from happening again.

Calculating Your Damages: What Compensation Can You Recover?

A lawsuit allows you to seek financial compensation, known as damages, for all the losses you have suffered because of the accident. The goal is to make you “whole” again, at least from a financial perspective. Damages are typically separated into three categories.

Economic Damages (The Tangible Costs)

These are the specific, calculable financial losses resulting from the crash. You will need receipts, bills, and employment records to prove these amounts. They include:

• All Medical Expenses: This covers everything from the initial ambulance ride and emergency room visit to surgeries, hospital stays, physical therapy, prescription medications, and any future medical care you may need.
• Lost Wages: Compensation for the income you lost while unable to work during your recovery.
• Loss of Earning Capacity: If your injuries are permanent and prevent you from returning to your previous job or working at all, you can seek damages for the income you would have earned over the rest of your life.
• Property Damage: The cost to repair or replace your vehicle and any other personal property destroyed in the crash.

Non-Economic Damages (The Intangible Losses)

These damages compensate you for the non-financial ways the accident has impacted your life. They are more subjective and often require the help of an experienced attorney to value properly. They include:

• Pain and Suffering: Compensation for the physical pain and discomfort caused by your injuries.
• Emotional Distress: This covers the psychological impact of the crash, such as anxiety, depression, fear of driving, and post-traumatic stress disorder (PTSD).
• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or family events that you once enjoyed.
• Loss of Consortium: This is a claim made by the uninjured spouse for the loss of companionship, support, and intimacy resulting from their partner’s injuries.

Punitive Damages: When the Conduct is Egregious

Punitive damages are not intended to compensate the victim but to punish the defendant for extremely reckless or malicious behavior. In a distracted driving truck accident case, they might be awarded if, for example, the trucking company knew its driver had a history of texting and driving but did nothing to stop it, showing a conscious disregard for the safety of others. These damages are rare and subject to high legal standards.

The Legal Process: What to Expect When You Sue for a Truck Accident

Filing a truck accident lawsuit can seem like a complex process, but it generally follows a structured path. Understanding the key stages can help you know what to expect.

The Initial Steps: Investigation and Demand Letter

The first thing a qualified attorney will do is launch an immediate investigation. This includes sending the spoliation letter to preserve evidence, gathering police reports, interviewing witnesses, and hiring experts like an accident reconstructionist. Once the initial evidence is collected and your medical condition has stabilized, your attorney will calculate your total damages and send a formal demand letter to the trucking company’s insurance carrier. This letter outlines your legal arguments and demands a specific amount for a settlement.

Filing the Lawsuit and Discovery

If the insurance company refuses to offer a fair settlement, your attorney will file a formal lawsuit in civil court. This officially begins the litigation process. The next phase is called discovery, where both sides exchange information and evidence. This is a critical stage that involves several tools:

• Interrogatories: Written questions that the other party must answer under oath.
• Requests for Production: Demands for documents, such as the driver’s employment file, training manuals, maintenance records, and electronic data.
• Depositions: In-person interviews where attorneys question the truck driver, company managers, and other witnesses under oath in front of a court reporter.

The discovery phase is often where the most important evidence of distraction and company negligence is uncovered.

Negotiation, Mediation, and Trial

The vast majority of personal injury cases are settled before they reach a courtroom. Throughout the process, your attorney will continue to negotiate with the defense. Many courts require the parties to attend mediation, where a neutral third-party mediator helps facilitate a settlement agreement. If a fair settlement still cannot be reached, the case will proceed to trial. At trial, both sides will present their evidence and arguments to a judge and jury, who will then decide the outcome and the amount of damages, if any.

Common Defenses Used by Trucking Companies and Their Insurers

Trucking companies and their insurance providers have experienced legal teams dedicated to minimizing the amount of money they have to pay. They will use several common defense strategies to challenge your claim.

Comparative Negligence

The most common defense is to try and shift some of the blame for the accident onto you. This is known as comparative or contributory negligence. They might argue that you were speeding, made an improper lane change, or stopped suddenly, thereby contributing to the crash. In most states, if you are found partially at fault, your final compensation award is reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20% at fault, you would only receive $80,000. If you are found to be 50% or more at fault in many states, you may be barred from recovering any compensation at all.

Disputing the Cause or Severity of Injuries

Defense attorneys will often scrutinize your medical history to argue that your injuries were pre-existing or were not caused by the truck accident. They may also claim that you are exaggerating the extent of your pain and suffering. This is why consistent medical treatment and thorough documentation from your doctors are so important. They provide the objective evidence needed to counter these arguments.

Denying the Distraction

The defense will almost always challenge the claim of distracted driving unless there is irrefutable evidence like dashcam footage. They may argue the driver was reaching for a legitimate work tool, was having a medical issue, or was responding to a sudden emergency on the road. A thorough investigation is the only way to dismantle these defenses and prove what truly happened.

Conclusion

If you were injured in an accident caused by a distracted truck driver, you have the right to seek justice and financial compensation. The law recognizes the immense responsibility placed on commercial drivers and their employers, and it provides a clear path for holding them accountable when their negligence causes harm. Building a successful case requires a deep understanding of federal trucking regulations, the ability to secure and analyze complex electronic evidence, and the resources to stand up to powerful corporate legal teams.

Your immediate priority after an accident should be your health and recovery. However, the actions you take in the days and weeks that follow are critical for protecting your legal rights. Evidence can disappear quickly, and state laws impose strict deadlines, known as statutes of limitations, for filing a lawsuit. Do not delay in seeking guidance from a legal professional who specializes in commercial truck accidents. An experienced attorney can handle the entire legal process on your behalf, allowing you to focus on what matters most: getting your life back on track. Contact us for a free consultation today.