Under Louisiana state law, it is illegal for anyone driving on public roads to use any wireless telecommunications device to read, write, or send text messages or to use such a device to access, read, or post on any social networking site. It goes without saying that this law applies equally to all drivers regardless of what type of vehicle they are driving, but it is worth noting that commercial truck drivers are also prohibited from texting behind the wheel by federal trucking regulations as well.
Nevertheless, texting and driving truck accidents in Prairieville still happen more frequently than anyone would like to think, and they often result in life-altering injuries when they do occur. If you have been hurt in a wreck like this and want to seek fair financial recovery for the harm you have experienced as a result, contacting and working closely with a truck accident lawyer from Tomeny | Best may be vital to achieving the best possible case outcome.
Are Texting Truckers Always at Fault for Wrecks?
Since texting behind the wheel is against the law in Louisiana, it also qualifies as a violation of the duty of care all drivers have to act lawfully and responsibly at all times while driving. Because of that, any truck driver who texts while driving and then gets involved in an accident in Prairieville can almost always be held civilly at fault for that accident, since their breach of duty was more likely than not the direct cause of the crash and likely meets all the criteria to count as legally actionable negligence as a result.
That said, just because a truck driver was the person primarily at fault for causing a traffic accident does not mean they are the only ones who hold any blame whatsoever for the incident. In fact, it is possible for courts to find people injured in these sorts of wrecks partially at fault for causing or unnecessarily worsening their own injuries through their own negligent behavior and then to reduce the total compensation available to those injured people in proportion to their share of total fault.
Holding Trucking Companies Liable for Truck Driver Negligence
In addition to proving truck driver fault for a texting-and-driving truck wreck in Prairieville and fighting allegations of comparative fault as described above, legal counsel can also be crucial in holding trucking companies liable for these sorts of crashes. This is often possible because of a legal theory known as respondeat superior, which allows employers to be held vicariously liable for negligence by one of their employees acting in the scope of their employment.
Alternatively, a trucking company may be directly liable for a texting and driving crash if negligent hiring practices led to them hiring a driver with a history of texting and driving offenses, or if they knowingly failed to address that kind of problem in the past. A qualified lawyer could discuss who may be liable along these lines for a particular incident in more detail during a free initial consultation.
Get Help From a Prairieville Attorney With a Texting and Driving Truck Accident Lawsuit
Anyone who focuses on their phone while driving instead of on the road ahead is putting everyone around them—not to mention themselves—at risk of serious harm. This scenario can be even more dangerous when the texting driver is behind the wheel of a big rig weighing tens of thousands of pounds.
If you are dealing with the aftermath of a texting and driving truck accident in Prairieville, knowledgeable legal counsel can help you understand and enforce your right to compensation. Call Tomeny | Best today to learn more.
