Distracted Driving
Last Updated : February 11, 2022

Beaumont Distracted Truck Driver Accident Lawyers

Distracted driving is extremely dangerous, and unfortunately, increasingly common. Not paying attention behind the wheel is particularly dangerous if the driver is operating an 18-wheeler or another large commercial vehicle. If a distracted truck driver has injured you, contact an experienced Beaumont truck accident lawyer at Portner Bond, PLLC right away for help.

Distracting driving is defined as anything that takes one’s attention off the road: eating, calling, texting, talking to other car passengers, etc. Texting is particularly dangerous because even glancing at your phone for 5 seconds while driving at 55 miles per hour, means that you will have traveled the length of an entire football field without looking at the road.

Distracted driver accidents often become catastrophic when they are caused by a truck. Trucks are about 20 to 30 times heavier than passenger vehicles, which increases the force of impact and decreases braking ability. This means that distracted truck driver accidents can lead to severe injury, a totaled car, and even death. If you or the loved one has been the victim of a distracted truck driver accident, a Portner Bond, PLLC truck accident lawyer can help you get compensation. Give us a call today at (409) 838-4444 to schedule your 100% consultation.

Do I Need a Distracted Driving Accident Lawyer?

To get all of the compensation you deserve if you or a loved one sustained injuries due to a truck driver’s distracted driving, you need a distracted driver accident lawyer. Attempting to handle your claim alone may result in the recovery of less compensation for your injuries than you deserve. Remember that the insurance company does not represent your interests. The insurance company represents the trucking company and the truck driver. The representative from the insurance company wants to minimize the amount that the insurance company pays you for your pain and suffering. They are not interested in making sure that you are fairly compensated.

To preserve your rights and maximize any potential settlement, contact a distracted driving accident lawyer as soon as possible. The lawyer will conduct a thorough investigation. The results of the investigation will aid in the determination of what happened and identify all of the parties responsible for the accident.

Under Texas law, you have two years from the date of the accident to bring a lawsuit, though a couple of limited exceptions exist. However, the sooner that you contact an attorney, and the sooner they can get started on your claim or case, the better for you.

Why Should I Choose Portner Bond, PLLC?

Portner Bond, PLLC is a team of highly skilled personal injury attorneys with over 70 years of combined experience. Our lawyers are members of the prestigious Multi-Million Dollar Advocate Forum, an organization for the 1% of American lawyers who have won multi-million dollar settlements for their clients. At Portner Bond, PLLC, we are committed to getting personal injury victims the compensation they deserve.

You may be worried about how you will be able to pay for high-quality legal representation. At Portner Bond, PLLC, we operate on a contingency fee basis, which means that at the end of your case, we will take a small percentage of the settlement. There will be no bills or fees to pay before that, and if we lose your case, then you don’t owe us any money. We also offer a 100% free consultation. We’d like to hear about your case — give us a call today at (409) 838-4444, and we can start to talk about your legal options.

Types of Distracted Driving Cases We Handle

Distracted driving may cause many different types of truck accidents, including those that result from failure to properly follow road signs and signals. The use of cell phones distracts many truck drivers from paying attention to the road and the other vehicles on the road. Examples of the types of accidents that may result from distracted driving include:

  • Blocked Intersection accidents
  • Jackknifed tractor-trailers
  • Rear-end collisions
  • Sideswiping accidents
  • Head-on collisions
  • T-bone accidents
  • Underride or override accidents
  • Work zone accidents

There are many ways in which a driver can be distracted, some of which are more common among truck drivers than passenger vehicle drivers. These are some of the most common causes of distracted truck driver accidents:

Texting or calling

The Federal Motor Carrier Safety Administration has banned all truck drivers from texting while driving. Truck drivers can only make phone calls if using a hands-free device.

Personal grooming

This is a much more common cause of distracted driving accidents among truck drivers than among non-commercial passenger vehicle drivers. Truck drivers may brush their hair or teeth, attempt to shave, or put on makeup while driving. Many trucking companies incentivize drivers to cover as many miles as possible, meaning drivers want to spend time on the road, not in the bathroom.

Eating or drinking

Similarly, truck drivers may not want to take breaks to eat, prioritizing covering as many miles as possible. Eating and drinking necessitates taking one’s hands off the wheel and likely looking away from the road. Even if only for a short time, this is very dangerous.

Watching videos

Many long-haul commercial trucks come equipped with TV or DVD players that are meant to be used while the truck is stopped during rest breaks. Watching videos is highly distracting during driving and extremely dangerous.

Common Injuries Caused by Distracted Truck Drivers

In general, injuries are more severe when a truck causes an accident than when an accident occurs between two cars. It’s also much more dangerous to be the one in the car since nearly 96% of all injuries and deaths resulting from an accident between a truck and a car were sustained by those in the car. Some common injuries include:

Injuries range from minor to catastrophic and may include the following:

As long as you were not more than 50 percent responsible for the crash, Texas law entitles you to compensation. Texas law dictates a modified comparative fault system in determining compensation for accident victims. For example, if you are determined to be 30 percent at fault for the accident and were ultimately awarded $100,000, the amount you actually receive would be $100,000 less 30 percent which in this case is $30,000. This means that the responsible party would pay you the sum of $70,000.

What Compensation Am I Owed if a Distracted Driver Caused the Crash?

Your compensation will depend on the unique circumstances of your accident. If we successfully prove that the truck driver was the at-fault party, you should receive compensation for any costs you incurred as a result of the accident, such as medical bills and car repairs. You may also be entitled to non-financial damages, like any pain, suffering, and emotional trauma you have suffered in the aftermath of your accident. These two categories are called economic damages and non-economic damages.

Economic Damages

Economic damages are those for which money is a direct replacement. These are medical bills, the estimated cost of any future medical bills, the cost of car repairs/replacement, and any lost wages if your injuries prevented you from being able to work. It’s critical to keep documentation of any costs you incurred as a result of your accident. Keep receipts and invoices given to you by your mechanic, and ensure you have medical documentation of your injuries and the cost of your treatment.

It is of utmost importance to go to the hospital as soon as possible following your accident. Most importantly, it is important to your health and well-being to be checked out by a doctor. It’s also crucial to have medical documentation of your injuries. Without this documentation, an opposing insurance company may try to argue that your injuries were not serious, or that they were caused by something other than the accident.

Non-economic damages

Non-economic damages are more difficult to put a dollar amount on. These are damages for which money is an approximate, rather than a direct replacement for your damages. If your injuries have caused severe pain, suffering, and diminished life enjoyment, you may be able to receive compensation for non-economic damages. In order to prove that you should receive this compensation, it’s a good idea to document every day the ways in which your injuries prevent you from living your life to the fullest.

Punitive Damages

In Texas, accident victims are allowed to pursue punitive damages in rare cases. These damages are designed to punish defendants if they acted particularly recklessly or dangerously. A judge has to give the jury permission to award punitive damages.

Contact a Beaumont Truck Accident Lawyer

At Portner Bond, PLLC, our Beaumont truck driving accident lawyers work diligently to bring justice to victims of distracted driving accidents. Truck accidents are terrifying, and the aftermath can be stressful and confusing. Portner Bond, PLLC lawyers are here to handle insurance companies and legal claims while you rest and recover. Give us a call today at (409) 838-4444 to schedule your free consultation.