Distracted driving has become one of the most serious safety threats on our roadways. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving causes 3,300 deaths and 325,000 non-fatal injuries each year in the United States. The problem is especially alarming when it involves commercial truck drivers operating vehicles weighing up to 80,000 pounds on Louisiana highways. Research commissioned by the Federal Motor Carrier Safety Administration (FMCSA) revealed that truck driver distraction was a factor in 71% of commercial trucking accidents in the United States. Other statistics showed that truck drivers who text while driving are 23.2 times more likely to be involved in trucking accidents caused by distracted drivers. Unfortunately, our Houma trucking accident lawyer knows that distracted driving is particularly dangerous right here in Louisiana, which ranks the third-worst for distracted driving motor vehicle accidents in the United States.
Here at the Patrick Yancey Law Firm, if you or a loved one were injured in a trucking accident caused by a distracted driver in Houma or anywhere in Terrebonne Parish, you deserve experienced legal representation to protect your rights. Our compassionate and skilled legal team can investigate the circumstances of your crash, gather critical evidence, and pursue the compensation that you are entitled to under Louisiana law. We offer free case evaluations and are happy to meet with you at your house, the hospital, our office, virtually, or however else you and your family may need. To learn more about your rights under Louisiana law, call our Houma trucking accident lawyer to schedule your free appointment.
Commercial truck drivers face unique challenges that make distraction an ever-present danger. Unlike passenger vehicle drivers who typically take shorter trips, truckers often spend 8 to 11 hours per day behind the wheel, covering hundreds of miles across many states and logging up to 60 hours of driving in just seven days. This extended time on the road can lead to boredom and the temptation to engage in activities that take their attention away from driving, especially on long hauls cross-country. The monotony of long stretches of highway, combined with pressure from trucking companies to meet tight delivery deadlines, creates an environment where distracted driving becomes more likely – including right here on I-10 and LA-24.
These trucking distractions generally fall into three categories: visual distractions that take the driver’s eyes off the road, manual distractions that take the driver’s hands off the wheel, and cognitive distractions that take the driver’s mind off driving. Many activities, such as texting, combine all three types of distraction simultaneously.
Some of the most common trucker distracted driving activities include the following:
The FMCSA has implemented strict regulations to combat distracted driving among commercial motor vehicle drivers. These regulations apply to nearly all commercial drivers in the United States, no matter what state they are licensed in, coming from, in, or going to. The regulations further set the minimum standard that truck drivers must adhere too, although state law may apply stricter standards.
Under 49 CFR section 392.82, no driver shall use a hand-held mobile telephone while driving a commercial motor vehicle, and no motor carrier shall allow or require its drivers to do so. The FMCSA has also banned texting for commercial drivers under 49 CFR section 392.80. These rules apply whenever the commercial vehicle is operating on a highway with the motor running, including when temporarily stopped due to traffic or at a red light. The only exceptions allow drivers to use hand-held devices when safely parked off the highway or when communicating with emergency services.
Violations of these regulations could result in significant fines for truck drivers and their carriers. Our Houma trucking accident lawyer also knows that violations of the FMCSA regulations or Louisiana state laws could be used to prove liability against a negligent defendant.
Establishing liability in a trucking accident case requires proving negligence. This legal doctrine is best understood as what a reasonably prudent person would do under similar circumstances. In order to establish negligence in Louisiana, a personal injury victim must demonstrate that the defendant:
Based on these elements, it is understood that truck drivers have a duty to operate their vehicles safely and in compliance with federal and state regulations. Thus, when a truck driver texts or engages in other distracting behavior while operating a tractor-trailer, they will generally be found to have breached this duty of care. Victims who prove that this breach caused their personal injuries and other damages may be entitled to compensation.
Although there are only five elements, victims must prove all five elements and a defendant must only disprove one. Thus, even in clear cases of liability, victims and their families should not try to handle a case by themselves. Nor should they just hire any auto accident lawyer. Rather, they should call an experienced Houma trucking accident lawyer who understands how the federal regulations and state laws apply to the facts of their case.
Trucking accidents caused by distracted driving often result in catastrophic injuries due to the massive size and weight differential between commercial trucks and passenger vehicles. That’s because a distracted truck driver could turn a semi-tractor trailer into an unguided missile, barreling down the highway at a high rate of speed. This is why victims and their families need to also hire a lawyer who knows more than just the federal rules applicable to trucking accident cases, but also the medicine and anatomy involved in serious or catastrophic cases.
Our personal injury law firm represents clients who have suffered serious, catastrophic and fatal bodily injuries due to the negligence of truck drivers and trucking companies throughout Louisiana, including right here in Houma. Some of the most common trucking accident injuries that we handle include the following:
If you have been injured in a trucking accident caused by a distracted driver in Houma, Thibodaux, or anywhere in Terrebonne Parish and Lafourche Parish, you do not have to face the aftermath alone. Our experienced Houma trucking accident lawyer and dedicated legal team understands the complexities of these cases and have the resources to thoroughly investigate your accident, identify all liable parties, and fight for the compensation you deserve and may be entitled to under Louisiana law.
Unlike other auto accident lawyers, Houma trucking accident lawyer Patrick Yancey is skilled at handling both the complicated legal issues and medical injuries associated with trucking accident cases, offering victims and their families truly dedicated and experienced legal representation at the time when they need it most. We handle trucking accident cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. To learn more about how we can help you, call to schedule your free case evaluation by dialing (985) 313-9791 or by submitting a message through our contact form available on our website.
(985) 313-9791
