While texting and driving is dangerous to everyone on the road, the damage can be greater in a truck crash because of the vehicle’s larger size. Your injuries or the death of a loved one can entitle you to compensation under Maine’s negligence laws. Speak with a skilled truck collision attorney for more information on texting and driving truck accidents in Bangor.
Starting a Tort Lawsuit for a Texting and Driving Truck Crash
Personal injury and wrongful death cases generally start with a petition that states the facts of the texting and driving truck collision. This can include the parties at fault and the requested damages.
The driver might not be solely responsible: the trucker’s employer can have vicarious liability for the texting and driving collision. This can be the case of a crash with a semi hauling goods or another commercial truck going to and from work. Persons injured or killed in a texting and driving truck accident in Bangor have six years to file a lawsuit against the negligent driver and their employer.
How to Determine if Texting Was the Cause of an Accident
Distracted driving, such as texting or using a cell phone, is not always clear following a crash. The truck driver can attempt to blame the accident on other issues, such as bad weather, road conditions, or the acts of other drivers. However, a Bangor attorney can investigate the illegal use of a cell phone by questioning the truck driver during a deposition and requesting phone records from the driver’s carrier.
Additional Factors Affecting the Outcome of a Case
When texting and driving is the cause of a Bangor truck wreck, the at-fault driver is generally liable under Maine’s negligence per se rule. The violation of the state’s hands-free driving requirement creates a presumption of liability against the driver. However, other factors can affect the outcome of the case and the compensation available:
- The comparative fault of other parties
- The severity of the plaintiff’s injuries
- The availability of insurance coverage
- The willingness of the parties to settle
Another key factor for plaintiffs in texting and driving accidents in Bangor is overcoming claims of contributory negligence. This is when an at-fault driver says the injured person was also negligent in the crash by, for example, breaking rules of safe driving, like speeding, not wearing a seat belt, or driving an unsafe vehicle.
The rules of contributory negligence are unique to a state’s law where the accident happens. Maine applies a modified comparative fault rule, which reduces a plaintiff’s potential compensation in proportion to their percentage of fault. However, this can entirely bar a plaintiff from compensation when their negligence for the wreck is equal or greater than the responsibility assigned to the defendant(s).
Meet With an Attorney in Bangor About Texting While Driving Truck Accidents
When you or a loved one were injured in a texting and driving truck accident in Bangor, you may have a compensation claim. A truck crash attorney can help address concerns about potential issues with comparative fault and pursue a legal claim. Do not wait, call us as soon as possible to set up a free consultation and learn what might be possible in your case.
