Truck drivers, like all other motorists on the road, have a legal duty to remain focused and vigilant while behind the wheel. Therefore, if a trucker is absent-minded or becomes distracted while driving, they could be pursued for compensation if they cause a collision or crash.
Unfortunately, there are numerous ways a truck driver could become distracted, such as texting, tuning their radio, checking their route, or talking on the phone. While this behavior is dangerous for any motorist, the size and weight of trucks mean that the severity of an accident is often extreme.
If you were injured in an accident with a negligent trucker, you should not have to pay for your medical bills, missed work, and other associated losses. A knowledgeable lawyer who is well-practiced with Michigan distracted driving truck accident cases might be able to help. If retained, a tenacious attorney at Buckfire & Buckfire, P.C. could work tirelessly to gather evidence of negligence and build a claim to request adequate recovery for your losses.
Establishing Blame Against a Distracted Trucker
When pursuing a claim, an injured claimant must be able to demonstrate that the defendant was at fault in a collision. This is done by establishing multiple elements, known commonly as duty, breach of duty, causation, and damages. As mentioned above, each truck driver has an obligation to drive safely and obey the rules of the road.
Therefore, if a claimant could prove that a trucker was distracted while driving, this might be a persuasive argument of their fault for an accident. If it can be demonstrated beyond a reasonable doubt that distractions led to a crash, the last element that must be demonstrated would involve a calculation of the claimant’s losses.
However, establishing these legal components for a claim often involves an exhaustive knowledge of the law. A Michigan distracted driving accident lawyer could work to explain this process to an injured claimant and investigate the cause of a crash.
Sometimes, multiple people are at fault for a crash—including the injured claimant. Under Michigan Compiled Laws § 600.2959, plaintiffs who are deemed to be less than 50 percent at fault for a crash are still eligible for the recovery of the full amount of damages. If, however, they are more than 50 percent liable, they are barred from recovering non-economic damages and may only recover a reduced percentage of economic damages proportionate to their percentage of fault.
Pursuing Compensation for a Distracted Driving Collision
Because of the often widespread impact of a truck crash, an injured claimant can request numerous damages against a negligent and distracted trucker in a Michigan claim. Some of these damages have a definitive price tag, such as medical bills and lost wages.
However, non-economic damages are often more subjective in nature and, therefore, more difficult to calculate. A skilled lawyer could work with a claimant to assess the extent of their losses for a distracted driving truck accident, including:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Emotional distress and trauma
- Mental anguish
Truck Accident Case Study
A machine shop repairman was driving home from work at this steel plant in his F-150 pickup truck when he was rear-ended by a garbage truck in Macomb County, Michigan. The truck driver blamed the accident on his brakes failing, but the subsequent investigation proved the brakes worked fine.
The plaintiff suffered spinal injuries in the crash and required both back surgery and neck surgery. He had previous medical issues that were aggravated by the truck accident. His surgeons testified that he became permanently disabled from the crash. After filing a truck accident lawsuit, the parties subsequently settled for $1,920,000.
Seek Legal Help After a Michigan Distracted Driving Truck Accident
If you were injured in a Michigan distracted driving truck accident, you might feel as though your situation is hopeless. However, a successful claim for compensation might help to restore your losses and allow you to move past your injuries.
Instead of pursuing a claim alone, consider reaching out to a tenacious lawyer for help with each step. Call a legal professional today to get started on a claim.
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