Portland does not have the same overwhelming traffic or hazardous weather found in other cities, which can lead truckers to let their guard down. As a result, truckers who become too comfortable on the road may engage in dangerous behaviors, such as texting and driving.
Texting and driving is never safe. It is one of the most dangerous driver distractions, diverting eyes from the road, hands away from the wheel, and preoccupying the mind. If reading a single text takes about 5 seconds and a truck is traveling at 60 miles per hour, they can cover a distance of 400 feet in that time, creating plenty of opportunities for collisions.
If you have been injured in a texting a driving truck accident in Portland, you may be entitled to compensation. Talk to a truck crash lawyer to find out more about your options.
Maine’s Distracted Driving Laws
Maine Statutes Title 29 § 2121 prohibits drivers from using handheld wireless devices while driving, except in certain emergency circumstances. The law also allows people to use devices in hands-free mode. Most significantly, it contains an exception for some commercial drivers to use handheld devices in the scope of their employment, as permitted by Federal Motor Carrier Safety Administration (FMCSA) regulations.
Maine Statutes Title 29 § 2119 prohibits texting using a handheld electronic device. It defines texting as sending or reading any electronic message, which includes text messages, instant messages, and email. The penalty for a violation is a minimum $250 fine or 30-day license suspension for repeat offenders.
49 C.F.R. 392(H) prohibits commercial drivers from texting while driving. Like the state law, the federal regulations contain exceptions for emergency use. However, there is no exception to using a cell phone in the course of their employment. Under this law, employers may share liability if they text drivers while they are on the road. A Portland attorney can help determine who might hold fault after a texting and driving truck accident.
Dangers of Texting and Trucking
Texting while driving in Portland is always dangerous, and truckers are at an increased risk of accidents when they engage in this behavior. Their vehicles are more difficult to maneuver and take longer to stop than passenger vehicles. Any increase in reaction time is magnified in a truck wreck. In addition, their vehicles weigh 10 times as much as a passenger vehicle or more. When a truck hits a car, it can cause severe injuries or even death. A text message is never worth the risk.
Texting while driving is easier to prove than other types of distractions, such as smoking a cigarette or eating and drinking. Texts and other forms of electronic records leave a trail. Attorneys can use those trials to prove if truckers were texting at the time of a crash in Portland. If so, they can demonstrate that the truckers were engaging in negligent behavior.
Of course, just because a trucker was negligent does not mean they are solely responsible for the accident. In many instances, multiple drivers are accountable for the same collision. Maine is a comparative negligence state, which allows people to recover for a wreck, even if they share responsibility. The court reduces the award amount to reflect proportional responsibility.
Gideon Asen LLC Can Assist With Your Texting and Driving Truck Accident Case in Portland
If you have been hurt because of a collision involving a trucker who was texting and driving, you may be eligible for compensation. You could have significant injuries, requiring a lengthy and expensive recovery. You should not have to cover those costs on your own.
An injury attorney may be able to help you receive the financial damages you need to recover. Schedule a consultation with the Gideon Asen law team today to learn more about your options after a texting and driving accident in Portland.
