If you or a family member were involved in a wreck with a tractor trailer chances are the professional truck driver was distracted in some manner. Proving that the driver was distracted, and how he was distracted, will likely require a lawyer. The trucking insurance companies hope you sit on your hands as the more time that passes the harder it will be for your lawyer to prove how the driver was distracted, and the more likely the defense lawyer will be able to claim that some portion of the wreck was your family member’s fault..
There is no question that distracted driving is a major contributor to serious truck accidents. Congress is aware of this as is the FMCSA. Recently the FMCSA banned texting by drivers, a danger we had blogged about since early 2008. Proving texting may be difficult as truckers may use a co-drivers phones.The driver may also have a throwaway phone so they are not calling on their "official" phone. Early aggressive work by an experienced trucking lawyer will give you the best chance of proving your case.