As you begin to process the aftermath of your truck accident, you might suspect that the truck driver was distracted in the moments before the collision. Proving this can be challenging, but it's a crucial step in securing the compensation you deserve for your injuries and losses.
At Hupy and Abraham, S.C., our experienced Milwaukee truck accident attorneys understand distracted driving cases. We have the knowledge and resources to investigate the accident thoroughly, gather compelling evidence, and build a strong case on your behalf. With over 50 years of experience and more than $1 billion recovered for our clients, we're committed to fighting for the justice and compensation you deserve.
The Dangers of Distracted Driving in Commercial Trucks
Distracted driving poses a serious threat to everyone on the road, but it's especially dangerous when the distracted driver is behind the wheel of a massive commercial truck. The sheer size and weight of these vehicles mean that any collision is likely to result in severe injuries or even fatalities.
Despite strict federal regulations prohibiting hand-held cell phone use while driving a commercial motor vehicle, some truck drivers still engage in these risky behaviors. Other common distractions include:
- Eating and drinking. Consuming food or beverages takes a driver's hands off the wheel and eyes off the road.
- Adjusting navigation systems. Inputting directions or changing settings can divert a trucker's attention at critical moments.
- Interacting with dispatch devices. While communication with dispatchers is necessary, it should never come at the expense of safe driving.
Proving that a truck driver was distracted at the time of your accident requires a thorough investigation and skillful evidence gathering. Our experienced attorneys know where to look for the proof needed to support your claim.
Where to Seek Distracted Driving Evidence
If you suspect the truck driver involved in your accident was distracted, there are a few ways you and your attorney can gather evidence to argue your case.
Preserving Evidence at the Scene
If you can safely do so after the accident, take pictures and videos at the scene. Capture images of the vehicles' positions, damage, skid marks, traffic signs, road conditions, and the surrounding area. This visual evidence can provide valuable clues about the moments leading up to the crash.
Make a mental note of anything you noticed about the truck driver's behavior before impact. Did you see them looking down or fumbling with something in the cab? Share this information with responding officers to ensure they include it in the official police report.
Investigating the Driver's Actions
Our skilled legal team will dig deeper to uncover evidence of distraction. We'll review the truck driver's logs to determine if they were taking appropriate breaks and adhering to hours-of-service regulations. Fatigued driving can be just as dangerous as distracted driving.
We'll also examine the truck driver's cell phone records, looking for any calls, texts, or app usage that coincide with the time of the accident. If the trucking company provided the phone, we'll demand access to these records during the discovery process.
Eyewitness statements can provide powerful testimony about the truck driver's actions. Our attorneys will interview anyone who saw the accident occur, gathering detailed accounts to support your claim.
Analyzing the Truck's Electronic Data
Many commercial trucks are equipped with event data recorders (EDRs) that capture valuable information about the vehicle's speed, braking, and other factors in the moments before a crash. This black box data can provide compelling evidence of distraction, such as a failure to brake in time to avoid a collision.
Trucks may also have dashcams or outward-facing cameras that show the driver's actions leading up to the accident. Our attorneys will act quickly to preserve this footage before it's erased or taped over.
Consulting with Accident Reconstruction Experts
In complex cases, we may enlist the help of accident reconstruction specialists. These experts use sophisticated modeling software to analyze the physical evidence and create a detailed simulation of how the accident occurred. Their reports can help establish that the truck driver's distraction was the primary cause of the crash.
Exploring the Trucking Company's Role
Distracted driving accidents often reveal deeper issues within the trucking company itself. Our attorneys will investigate the company's hiring practices, training protocols, and safety policies. If we find evidence that the company encouraged or turned a blind eye to distracted driving, we'll hold them accountable for their negligence.
Demanding Justice for Milwaukee Truck Accident Victims
If you or a loved one has been injured in a truck accident caused by a distracted driver, you need a fierce legal advocate on your side. At Hupy and Abraham, S.C., we've been fighting for the rights of accident victims in Milwaukee, Wisconsin, and Iowa truck accident cases for over half a century. We understand the physical, emotional, and financial toll a serious crash can take, and we're committed to helping you recover every dollar you deserve.