Distracted Truck Driving Accidents

Commercial trucking has a distraction problem, with about 70% of businesses in the industry reporting they have been impacted by distracted driving, according to a survey by Teletrac Navman. Distracted truck driving is one of the leading causes of catastrophic collisions on our highways, often resulting in severe injuries or fatalities.

At The Law Office of Mark A. Siesel, we represent individuals and families who have been harmed by negligent truck drivers and the companies that employ them. With almost 40 years of experience in personal injury law, attorney Mark A. Siesel is dedicated to helping victims of truck accidents pursue justice and compensation. If you have been injured in a truck accident and would like to know whether you have a path forward for seeking compensation, contact our law firm for a free consultation.

Understanding Distracted Driving in the Trucking Industry

Distracted driving occurs when a driver’s attention is diverted from operating the vehicle. For truck drivers, distractions are especially dangerous because commercial vehicles weigh 20 to 30 times more than passenger cars. Even a very small lapse in attention can lead to multi-vehicle pileups or other serious accidents.

Common forms of truck driver distraction include:

• Texting or using a cellphone. Federal Motor Carrier Safety Administration (FMCSA) regulations prohibit truck drivers from texting or using handheld phones while operating a commercial vehicle, but violations still occur daily.
• Eating or drinking. Many long-haul drivers eat meals while driving to save time, creating dangerous inattention.
• Adjusting navigation systems or radios. Manipulating controls or digital devices takes a driver’s eyes and focus off the road.
• Reaching for objects in the cab. Whether it’s paperwork or a dropped item, reaching away from the wheel can cause a loss of control.
• Daydreaming or mental distraction. Fatigue and long hours on the road often lead to “highway hypnosis,” a common but hazardous form of inattention.

The very nature of truck driving itself can make distracted driving more possible. Truck drivers are often alone and on the road for extended periods of time, which can make it hard to stay fully focused on the road. Time pressure and the pressure to make deliveries on time can also encourage drivers to multi-task, which can be a dangerous distraction.

Most truck drivers take new routes regularly, so while they are driving they may need to focus on directions or trying to find a specific location. This can lead to distraction, especially since drivers also need to communicate with trucking companies, customers, or other stakeholders as part of their job. Trying to communicate, drive, find a specific location, and deal with all the other demands of the road can prove too much.

Truck drivers also have a sedentary job. This can contribute to fatigue, especially if they develop sleep apnea or other conditions, which can be more of a risk for people who do not have the chance to stay active. Drowsiness and poor health can contribute to brain fog and distraction.

Trucking companies are using technology to help address distracted driving. Some companies are investing in driver coaching or in driver-facing cameras that can show when a driver takes their eyes off the road. Despite this, truck driving accidents involving distraction still happen.

Determining Liability in a Distracted Truck Driving Case

Holding a negligent truck driver or trucking company accountable requires a thorough investigation. In many cases, the cause of distraction is not immediately clear because distraction is a mental state and there may be few external clues. To determine liability, our legal team reviews:

• Cellphone records and onboard electronic logs.
• Dashcam and traffic camera footage.
• GPS and black box data.
• Maintenance and inspection records.
• Company safety and scheduling policies.

In these cases, the truck driver is often found liable for a distracted driving accident, especially if they were breaking the rules. However, this can be hard to prove. If a driver was eating, for example, a thorough investigation may be needed to find witnesses or traffic cameras that prove the distraction.

Sometimes, the trucking company itself may bear responsibility. Unrealistic delivery schedules, poor training, lack of tech to monitor for distraction, and failure to enforce FMCSA rules can all contribute to dangerous driving behavior.

Under New York law, all drivers, including commercial truck operators, owe a duty of care to others on the road. When that duty is breached through distraction or recklessness, the at-fault party can be held legally responsible for resulting injuries.

How The Law Office of Mark A. Siesel Helps Victims of Truck Accidents

Mark A. Siesel has built a reputation for skillfully handling complex motor vehicle accident cases throughout New York, including truck, bus, motorcycle, and pedestrian collisions. Our approach is personal and proactive. We ensure every client is kept fully informed from start to finish, and all phone calls and emails are answered within 24 business hours. We take pride in being accessible and relentless representatives for our clients.

When you retain our firm, you can expect:

• A detailed investigation into your crash.
• Consultation with accident reconstruction and medical experts.
• Careful documentation of your injuries and damages.
• Aggressive negotiation with insurers and defense counsel.
• Preparation for trial if a fair settlement cannot be reached.

We handle all personal injury cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. We are happy to serve Westchester County and surrounding areas, and we offer services in English and Spanish.

What Should I Do If I Have Been in a Truck Accident and Suspect the Truck Driver Was Driving Distracted?

Your main goal is to protect your safety, and then to protect any evidence that could support your claim. Here is what you should do after a collision, especially if you suspect the driver was distracted:

1. Seek immediate medical attention, even if your injuries appear minor.
2. Report the accident to the police.
3. Document the scene by taking photos or videos, if it’s safe to do so.
4. Get the contact information of any witnesses and the insurance and company information of the truck driver.
5. Report your accident to your insurer quickly, but avoid speaking to insurance adjusters or making any statements before consulting an attorney.
6. Contact The Law Office of Mark A. Siesel as soon as you can, so we can step in to start protecting any evidence, such as driver-facing dashcam footage.

Serving Clients Throughout the Hudson Valley and Beyond

From our office in White Plains, The Law Office of Mark A. Siesel represents clients in Westchester, and counties across the Hudson Valley. If you’ve been injured in a distracted truck driving accident, don’t wait. Contact The Law Office of Mark A. Siesel at (914) 428-7386 or visit www.injurylawny.com to request a free consultation.