Non-Texting distracted driving by truck drivers puts Oklahoma motorists at risk.
The dangers of texting and driving have been known for many years, prompting lawmakers in Oklahoma and many other US states to enact legislation regarding use of cell phones behind the wheel. The Federal Motor Carrier Safety Administration (FMCSA) followed suit by developing rules for operators of semis, 18-wheelers, tractor-trailers, and other commercial vehicles. In sum, FMCSA regulations prohibit a truck driver from reaching for, holding, or pressing a button on a phone, unless the device is hands-free and used safely.
However, there is a notable lack of rules and regulations covering other activities by truck operators. People tend to focus on cell phone use when discussing distracted driving, but there are many other risky acts that are entirely legal – and just as dangerous. Distracted trucking can cause severe injuries, permanent disability, and fatalities, so talk to a Tulsa, OK truck accidents attorney to learn about your remedies. Some examples of non-phone distractions are also useful.
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SPEAK TO AN ATTORNEY TODAYSurprising Forms of Distracted Driving by Truck Operators in OK
Aside from texting, talking on the phone, posting to social media, or surfing the internet, there are other ways to drive while distracted. Keep in mind that any activity which interferes with the motorist’s attention to driving, the vehicle’s systems, and exterior factors is risky. There are disruptions with visual, manual, and cognitive capacities, all of which play a critical role in a truck driver’s ability to operate a massive rig safely. Additional examples of distracted driving that have nothing to do with cell phone use include:
- Eating and drinking;
- Interacting with a GPS to set, follow, and adjust routes;
- Using the CB radio or other forms of communication with dispatch;
- Talking with passengers;
- Adjusting the radio or playing music;
- Driving with a pet; and,
- Grooming.
Legal Options for Victims of Distracted Trucking Crashes
If you were injured or lost a loved one in any type of truck crash, the basis for your legal rights is the concept of negligence. You must prove that the truck operator did not exercise reasonable care behind the wheel, and that this misconduct was the reason for the accident. Distracted driving, whether it involves a cell phone or not, is an example of negligence.
Your first step in the process is filing an insurance claim and attempting to settle, but you may have to file a lawsuit in court if the insurer refuses to pay a fair amount. There are two types of compensation in trucking collision claims:
- Economic damages, such as medical costs and lost wages; and,
- Noneconomic damages, including pain and suffering, emotional distress, and diminished quality of life.
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If you were injured by a distracted truck driver, please contact Boettcher, Devinney, Ingle & Wicker right away to discuss your options. You can reach our office by calling 580-789-4936 or visiting us online. We can set up a free consultation with an Oklahoma distracted trucking crash attorney who will advise you on the process.
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