Injured by a Distracted Driver? Experienced Trucking Accident Lawyers Explain Liability When a Texting Truck Driver Caused a Trucking Accident in Springfield
One of the most common causes of motor vehicle accidents is due to distracted driving. This is become a huge problem in the United States and throughout Illinois. Each year in the United States over 3,500 people are wrongfully killed and almost 425,000 people are injured in traffic accidents involving distracted driving. Unfortunately, Illinois is one of the worst states for distracted driving, ranking sixth-highest for distracted driving deaths in the United States. As it relates to truck drivers, distracted driving with cell phones or texting while driving is one of the top causes of truck wrecks. Roughly 71% of all truck accidents involved some distraction before a crash, with cell phones being one of the top causes. The experienced trucking accident lawyers in Illinois at the Noll Law Office know that this is a preventable and avoidable cause of a truck wreck. When a texting truck driver causes a trucking accident in Springfield, victims should contact their legal team for help at (217) 414-8889.
That’s because, at the Noll Law Office, their compassionate and experienced legal team can help victims and their family members recover compensation for pain and suffering, medical bills, lost wages, and other damages caused by the negligence of a truck driver, trucking company, or another type of defendant. They offer FREE consultations and case evaluations and work hard with treating physicians, law enforcement, and other leading experts in the region to help support your case. To learn more about Illinois law as it applies to your trucking accident case in Springfield, call their bodily injury law firm today to schedule your case evaluation.
Illinois Law Prohibits Texting While Driving
Texting while driving is prohibited in nearly all states. In Illinois, statutory law made by the Legislature prohibits a person from operating a motor vehicle while using any hand-held wireless device. This law is 625 ILCS 5/12-610.2 and applies to truck drivers who are driving through Illinois even though they may not be from Illinois, going to Illinois, or licensed in this state. Indeed, all motorists must comply with this law.
When a texting truck driver caused a trucking accident in Springfield, that trucker likely violated this law. That means that the truck driver may be found automatically liable for the accident due to the violation under the doctrine of negligence per se. This doctrine provides that, where a law is meant to protect people from a certain harm, a violation of that law that causes an accident could result in the violator being automatically liable for the crash. That means a victim only needs to establish causation and damages in their personal injury case.
The Common Law Under Illinois Also Applies
In addition to the statutory law, there is also the common law. This is decisional law which requires all motorists to use reasonable care under the circumstances in the use or operation of a motor vehicle. All states have a similar standard because it is based on negligence, which is a flexible legal standard that looks at the reasonableness of a person’s conduct.
Generally, a driver, especially a truck driver, who is texting while driving is not acting reasonably. That’s outright dangerous conduct which is often construed as careless or reckless. Any defendant causing a trucking accident due to texting while driving could alternatively be liable under the Illinois common law.
Federal Regulations Bar Texting While Driving
Since the trucking business is a multi-state industry, a federal agency governs the conduct of all truck drivers no matter what state they are in, from, going to, or licensed in. That agency is the Federal Motor Carrier Safety Administration (FMCSA), and they create the minimum requirement that apply nationwide.
Just like Illinois state law, the FMCSA regulations under 49 CFR section 392.82 prohibit any truck driver from using a hand-held telephone while operating a truck, including texting. That means when a texting truck driver caused a trucking accident in Springfield, that defendant is likely to be liable for violating this regulation. That violation can be used by a victim to prove his or her case, however, it is not automatically negligence per se like the violation of a statute. Rather, the violation of a regulation is only evidence of negligence. Thus, it can be used to help prove liability, but it is not automatic.
Were You Hurt in an 18-Wheeler Wreck in Illinois? If a Texting Truck Driver Caused a Trucking Accident in Springfield, Call the Noll Law Office
If you or a loved one were seriously injured in any type of motor vehicle accident, especially an 18-wheeler wreck involving a semi-tractor trailer, big rig, or another type of box truck, contact the experienced trucking accident lawyers at the Noll Law Office in Springfield. Their compassionate legal team are fifth-generation lawyers, serving their community for decades. Unlike other personal injury law firms, the Noll Law Office does not refer cases across Illinois to large firms that treat cases like file numbers. Rather, their law firm offers personalized and dedicated service to their clients. To learn more about getting help if a texting truck driver caused a trucking accident in Springfield, contact them today to schedule a FREE consultation.