When drivers get behind the wheel, they assume a duty to operate their vehicles carefully and attentively. Taking your eyes off the road, even for just a moment, could lead to a devastating collision. This is especially true if a tractor-trailer or other large commercial vehicle is involved, as contact between such a massive truck and a smaller commuter car could have fatal consequences. For this reason, it is vital to stay focused on the road ahead and avoid any distractions while driving.
Recovering fair compensation after a distracted driving truck accident in Kirkland could be much easier with assistance from a dedicated truck accident lawyer. Seasoned legal counsel could not only tirelessly advocate on your behalf during settlement negotiations or civil court proceedings, but also ensure that common legal and procedural roadblocks do not keep you from getting the restitution you deserve.
Proving a Truck Driver Was Distracted Prior to a Wreck
In a practical sense, it can be challenging to prove that a truck accident happened because a trucker was distracted behind the wheel. While certain irresponsible behaviors like texting while driving are expressly prohibited by law, other forms of distraction like eating or drinking, talking on the phone or radio, or even reading a book are not addressed by state or federal law to the same extent— despite being just as dangerous.
Fortunately, it is not always necessary to demonstrate how a trucker was distracted to hold them or their employer liable for a distracted driving truck crash in Kirkland. For example, if a truck driver runs a red light and collides with another vehicle in the intersection, they have engaged in negligent behavior that could allow for civil litigation regardless of why they failed to stop. A qualified legal professional could go into more detail during a private consultation about how a particular case might proceed with this in mind.
Possible Obstacles to Comprehensive Recovery
A comprehensive lawsuit or settlement demand following a distracted driving truck accident in Kirkland could seek restitution for economic and non-economic losses. Economic losses cover damages such as car repair costs and medical expenses, and non-economic losses address pain and suffering. However, any degree to which an injured person is found partially responsible for their damages based on their own reckless or careless actions could be held against them in court. Specifically, Revised Code of Washington §4.22.005 allows courts to reduce a plaintiff’s total available compensation in proportion to the percentage of total fault they assign to that plaintiff for their accident.
On top of that, RCW §4.16.080 limits most prospective personal injury plaintiffs to three years maximum after becoming injured to begin the civil litigation process. This deadline generally applies even if someone’s injuries are permanent and debilitating, so it is ideal to contact an attorney and start building a claim as quickly as possible after an incident like this.
An Attorney Could Help After a Distracted Driving Truck Accident in Kirkland
Distracted drivers put themselves and everyone else around them at risk of serious harm. The bigger the vehicle they are irresponsibly driving, the more damage they may end up causing. Filing suit against a truck driver or trucking company for any kind of traffic accident can be extremely complex and time-consuming, even if you have extensive evidence on your side.
A knowledgeable lawyer’s legal expertise could make all the difference when it comes to recovering from the effects of a distracted driving truck accident in Kirkland. Call our firm today to learn more.