Cell phones and other electronic devices are heavily used in American society, even while driving. As a result, texting while driving and similar forms of distraction have become a significant factor in many motor vehicle accidents. Unfortunately, texting while driving truck accidents in Memphis can result in devastating injuries and fatalities to the parties involved.

Negligent parties such as truck drivers, trucking companies, and truck part manufacturers can be held liable for those injuries. By holding these parties accountable for their actions, injury victims can be eligible for a wide range of damages for their losses, including property damage to their vehicles, medical expenses, and mental suffering. If you have suffered severe injuries in an accident, truck accident attorney David E. Gordon is experienced in fighting for the compensation you deserve.

Texting While Driving Under State Law

Like most states, Tennessee has enacted laws prohibiting adults from holding, supporting, or reaching for any electronic device while driving. Individuals are also prohibited from sending or reading text messages, watching videos, or recording videos. Adult drivers over the age of 18 may use hands-free devices while driving.

These laws have become stricter over time due to the high risk of injury and death resulting from texting while driving every year. The resulting injuries can be devastating in the case of texting while driving accidents, but even more so when the crash involves a truck. When large commercial vehicles collide with much smaller, lighter passenger vehicles, the propensity for catastrophic injuries and fatalities is high.

Drivers of semi-trucks and tractor-trailers have to focus while driving, as maneuvering their vehicles at high speeds is not always easy. They may be more prone to violate traffic laws and make errors if distracted by receiving or sending text messages while driving. If texting leads to an accident, it can result in causing injury to others.

Negligence in Memphis Texting While Driving Claims

Most claims arising from Memphis truck accidents caused by cell phone use are based on negligence or the careless disregard for the safety of others. When people or an entity such as a business or government organization act negligently, they can be held responsible for any resulting harm that others suffer. Individuals must provide evidence of four separate elements to prove a negligence claim, including:

  • A legal duty of care for the safety of others
  • Conduct that violates or fell below a reasonable duty of care
  • The breach in the duty of care caused injuries
  • The injured parties suffered financial losses from their injuries

Additionally, state law requires that injury victims seeking damages in negligence claims be less than 50 percent at fault for causing the collision that led to their injuries. For instance, in a highway accident involving more than one vehicle, blame may be apportioned to more than one driver, including the injured parties.

Damages in Texting While Driving Truck Accident Claims

Victims of texting while driving truck accidents could be able to claim various damages for their losses. While the amount and type of damages will vary from one case to the next, some damages injured parties often seek in these claims may include:

  • Medical expenses
  • Lost wages, future income, and earning capacity
  • Property damage
  • Physical pain and emotional suffering

In a fatal accident, surviving family members could be entitled to seek funeral and burial expenses. Legal counsel may assist injury victims and their families recovering the damages that they deserve for their losses.

Contact a Memphis Texting While Driving Truck Accidents

If you or a loved one has sustained injuries in texting while driving truck accidents in Memphis, you could be eligible for damages from the responsible parties. By proving the negligence of the drivers or other parties, you can recoup some of your losses as you work toward physical and emotional recovery from your accident.

When you have suffered injuries resulting from another person’s cell phone use, a negligence claim could allow you to hold them responsible for their negligent actions. You may be able to reach a measure of financial stability that enables you to get the necessary medical treatment for your injuries. Call David E. Gordon to get started on your claim today.

The Law Offices of David E. Gordon

The Law Offices of David E. Gordon