When a distracted truck driver drives a massive commercial truck and causes a wreck, the consequences can be catastrophic. Truck drivers who take their eyes off the road to send or read a text endanger everyone sharing the road with them.
Tragically, distracted driving claims lives and inflicts life-altering injuries in communities across San Diego County and throughout California every year. As an experienced San Diego truck accident lawyer, I've seen firsthand the devastating physical, emotional, and financial toll these preventable crashes have on victims and their families. I’m here to fight hard for the compensation you deserve if a loved one or you were injured or killed in a truck crash.
What Is California’s Law on the Use of Cellphones While Driving?
California Vehicle Code § 23123 prohibits all drivers from using a handheld cellphone or any wireless electronic communications device while operating a motor vehicle. This law applies to sending or reading text messages, making phone calls, using apps, or using any other handheld mobile device. The only exceptions are for making emergency calls to law enforcement, fire departments, medical providers, or other emergency services.
Drivers over 18 may use a phone in hands-free mode, such as with voice commands or a mounted device, but drivers under 18 are prohibited from using a cellphone while driving in any manner, even hands-free. Violations can result in fines and points added to a driver's license. These stringent cellphone laws aim to reduce the risks of distracted driving accidents on California roads.
The Dangers of Texting and Operating a Commercial Vehicle in San Diego
Truck drivers who text and operate a commercial vehicle cause many San Diego truck accidents. Eating and drinking or looking at a GPS are some ways truckers are distracted while on the road. However, texting is an especially dangerous type of distracted driving for several reasons:
- Visual distraction: Texting takes a driver's eyes off the road for an average of 5 seconds. At 55 mph, a truck can travel the length of a football field in those 5 seconds—essentially blind.
- Manual distraction: Texting requires a truck driver to take at least one hand off the wheel to manipulate a phone, reducing their ability to steer or make emergency maneuvers.
- Cognitive distraction: Texting occupies a trucker’s mind, taking their focus away from safely operating a massive vehicle and monitoring road conditions.
The unique danger with truck drivers texting is the sheer size and weight of the vehicles they control. A loaded semi-truck can weigh up to 80,000 pounds. The forces in a collision with a vehicle that large are tremendous, capable of causing catastrophic injuries and fatalities in an instant.
What Is the Trucking Company’s Responsibility to Prevent Your Distracted Driving Truck Accident?
While the truck driver who struck your vehicle can be held accountable for dangerous decisions like texting behind the wheel, the trucking company that hired them also plays a critical role in preventing distracted driving collisions. Some key responsibilities our San Diego truck accident lawyer finds they frequently violate include:
- Enforcing texting and handheld device bans: Federal regulations prohibit truck drivers from texting or using handheld devices while operating a commercial vehicle. Trucking companies often fail to make these policies clear to all truck drivers and take disciplinary action against violators.
- Monitoring for compliance: Many trucks are now equipped with onboard cameras and electronic logging devices to help identify distracted driving behaviors. Trucking companies frequently don’t proactively monitor this data and address any red flags immediately.
- Training drivers on distraction risks: Ongoing driver education should include reminders about the dangers of all forms of distraction—visual, manual, and cognitive—emphasizing the severe consequences of texting.
- Fostering a safety culture: From dispatchers to executives, every employee in a trucking company must prioritize and reinforce a commitment to safety above all else. Unfortunately, many trucking companies focus on getting their loads quickly to their destination over safety.
If the trucking company failed to fulfill these responsibilities and their trucker caused your collision, our attorney will hold them responsible for compensating you for your injuries.
What Are the Benefits of Hiring Our San Diego Truck Accident Lawyer If A Distracted Truck Driver Has Hit You?
If you or a loved one has been seriously injured in an accident with a commercial truck, determining whether distracted driving played a role will be crucial to your case. However, trucking companies will not hand over evidence that could prove their driver's or their negligence.
You must take steps to build a strong case if you want to receive the damages you deserve in your insurance settlement. Crucial steps you should take right after the crash include:
- Calling the police at the scene
- Getting medical care immediately
- Gathering the contact information of the trucker, trucking company, their insurance company, and eyewitnesses
- Taking photos of the damage to the vehicles, the crash scene, and your injuries
To uncover the facts needed to hold distracted truck drivers and the trucking company accountable, you'll need our knowledgeable San Diego truck accident lawyer on your side. Our attorney will know how to:
- Preserve and obtain event data recorder (EDR) information from the truck
- Send the trucking company a spoliation letter so they don’t destroy or alter evidence we need to prove your case
- Secure cellphone records that may indicate texting while driving
- Interview eyewitnesses who may have seen the driver texting
- Identify any previous traffic citations for texting while driving
- Determine whether onboard camera footage captured the driver texting
- Consult with accident reconstruction specialists to analyze the crash
- Calculate the full extent of your losses, including future expenses
- Negotiate your settlement with the insurance company
- File a lawsuit and litigate your case if the insurance company won’t be reasonable or the statute of limitations to sue expires soon
Our truck accident lawyer has extensive experience handling complex truck collision cases in San Diego and Southern California. Let us handle every aspect of your claim while you focus on healing. Together, we can hold the negligent truck driver and trucking company responsible for paying you the compensation you need to rebuild your life.
