Cell phone use while driving, including making phone calls and texting, is a form of distracted driving that can lead to serious motor vehicle collisions. Georgia law imposes regulations on cell phone use by motor vehicle drivers, including truck drivers, who operate their vehicles on Georgia roadways. There are also some special regulations that apply specifically to truck drivers.
When truck drivers break the law and engage in distracted driving—and an accident occurs—then the accident victim could file a negligence claim directly against the driver for damages. The accident victim might also be eligible to file a negligence claim against the trucking company that employs the negligent driver.
At Brauns Law Accident Injury Lawyers, PC, attorney David Brauns regularly helps victims of serious motor vehicle accidents, including truck accidents, recover compensation for all of the injuries and damages they suffer. Please call us at (404) 418-8244, or contact us online today, to find out how we might be able to assist you with recovering the compensation you deserve in your case.
Georgia Cell Phone Laws
All drivers in the State of Georgia, including drivers of large trucks and tractor-trailers, may not operate a motor vehicle under the following conditions:
- While the driver is physically supporting or holding a cell phone
- While the driver is sending, reading, or writing a text message or any other communication from a cellular phone or from any other stand-alone device
- While the driver is watching a movie or video on a cellular device or any other stand-alone device
- While the driver is broadcasting or recording video footage on a cellular device or any other stand-alone device
In addition to these regulations, truck drivers have specific regulations that they must follow and which apply directly to them. Truck drivers are prohibited from using more than one button to stop a call on a cellular phone or to make a call on a cellular phone or other mobile device while behind the wheel of a truck. Truck drivers are also prohibited from reaching for a wireless or stand-alone device while driving, such that the driver would have to exit his or her seat—or remove his or her seat belt. Drivers may be able to send a text message via a voice-activated cellular device, such as via Bluetooth, or to report an accident or hazard in an emergency situation.
At Brauns Law Accident Injury Lawyers, PC, we can investigate and review the circumstances of your truck accident and determine if a truck driver likely engaged in distracted driving. If so, we could file a claim and pursue monetary compensation on your behalf.
What Happens When Truck Drivers Engage in Distracted Driving
When truck drivers engage in distracted driving by making cell phone calls or illegally texting while driving, they are diverting their attention away from their most important duty: operating their vehicles in a safe and careful manner while on the road. When drivers are using a cellular device or another electronic device from behind the wheel, they are likely diverting their attention away from the road and are more likely to cause a serious accident. Common accident types include rear-end accidents, side-impact accidents, rollovers, and head-on collisions.
Filing a Claim for Personal Injuries and Pursuing Damages
Truck accidents cause serious injuries, ranging from soft tissue sprains and strains to broken bones to traumatic brain injuries. When a truck driver’s distracted driving leads to an accident, the accident victim could pursue compensation from the truck driver (or from the truck driver’s insurer) via a personal injury claim. If it can be established that the truck driver violated the law with regard to distracted driving, the accident victim may only need to demonstrate that he or she suffered injuries and that the accident specifically led to those injuries.
In addition to filing a claim (or a lawsuit against) the negligent truck driver, the accident victim might also be able to make a claim against the truck driver’s employer. Trucking companies can be deemed vicariously responsible for the negligent activities of truck drivers in their employ.
Trucking companies are also responsible for hiring and retaining careful and prudent drivers with good driving histories. If the employer trucking company hired or retained a driver who continually received traffic citations or who regularly caused accidents while on the road, the accident victim might be able to assert a claim against the trucking company for negligent retention or negligent hiring.
In personal injury cases that involve negligent truck drivers, accident victims might be able to pursue compensation from the at-fault party. Available damages in accident cases that involve a negligent truck driver might include:
- Payment of all related medical expenses and bills
- Payment of all lost wages resulting from missed time at work since the date of the accident
- Compensation for all of the pain, suffering, and inconvenience which the accident victim endured because of the injuries he or she suffered in the truck accident
- Compensation for the loss of use of a particular body part that was injured in the accident
- Compensation for the loss of ability to work at the same job since the date of the accident
- Compensation for future medical bills and expenses, including the costs of ongoing medical or personal care
- Compensation for loss of spousal companionship or consortium
At Brauns Law Accident Injury Lawyers, PC, we can determine your eligibility for these damages and advocate aggressively on your behalf.
Call a Gwinnett County Truck Accident Lawyer Today
Distracted truck driving is a choice. When truck drivers choose to engage in distracted driving while behind the wheel, they put the lives of everyone else on the road at risk. Trucking companies are also sometimes responsible for failing to monitor their driver’s activities and ensure that they only employ responsible, capable drivers to operate their vehicles.
If you have been injured in a truck accident, let David Brauns of Brauns Law Accident Injury Lawyers, PC advocate for you. We will aggressively advocate on your behalf when dealing with insurance company adjusters and in the courtroom. To schedule a free consultation and case evaluation with a Gwinnett County truck accident lawyer, please call us at (404) 418-8244 or contact us online today.
