Since the day they were invented, cell phones and smartphones have become a vital part of modern American life. Unfortunately, this also means that the sight of someone staring at their phone rather than paying attention to the world around them has become all too common. When a driver does this, they endanger themselves and everyone else on the road. Louisiana—like almost every other state—has enacted laws prohibiting texting while driving to combat this.
Despite these laws, many long-haul truckers continue to let technology distract them behind the wheel, leading to accidents with life-altering consequences. If you were hurt in a texting and driving truck accident in Iberville Parish, the seasoned truck accident attorneys at Tomeny | Best are here to help you understand and enforce your right to compensation.
How Does the Law Address Texting Truck Drivers?
Under Louisiana Revised Statutes §32:300.5, it is illegal for anyone to operate a motor vehicle on a public road while reading, writing, or sending a “text-based communication” through a wireless communication device. The statute also prohibits accessing or using any function of a social networking site while driving.
Additionally, the Federal Motor Carrier Safety Administration (FMCSA) has strict regulations that prohibit truck drivers with commercial driver’s licenses from texting while driving and severely limit their use of mobile communication devices in general. Whether state or federal law applies, the outcome is the same: texting while driving in Plaquemine is a breach of the duty that all drivers have to act responsibly on the road. This breach can serve as the basis for a personal injury lawsuit if it directly causes an otherwise preventable accident.
Determining Who Is Liable in a Texting and Driving Truck Accident
In most cases, the Iberville Parish truck driver who was texting behind the wheel is directly responsible for causing the accident. However, they may not be the only party liable for the injuries and damages resulting from the crash.
Under the legal doctrine of respondeat superior, employers can be held vicariously liable for the actions of their employees when those actions occur within the scope of employment. This means that if a truck driver was texting while performing their job-related duties, their employer—the trucking company—can be held financially responsible for the resulting damages.
In some cases, a trucking company may also be held directly liable for negligent hiring, training, or supervision practices that allowed an unsafe driver to get behind the wheel of a commercial truck. A skilled attorney at Tomeny | Best could help determine the appropriate parties to hold accountable in your claim.
Contact an Iberville Parish Attorney for Help With a Texting and Driving Truck Accident Lawsuit
Texting while driving is a dangerous act, especially when committed by a truck driver operating a massive tractor-trailer. If you were injured in an accident caused by a texting truck driver, you do not have to face the aftermath alone.
The experienced legal team at Tomeny | Best is here to help you pursue compensation for your injuries and hold the responsible parties accountable after a texting and driving truck accident in Iberville Parish. Contact us today to schedule a free consultation.
