Cellphones are a great tool to stay connected to our loved ones. However, they can also be a huge distraction. Unfortunately, despite numerous federal and state laws prohibiting texting and driving, far too many truckers focus on their phones instead of the road ahead of them.
Texting and driving truck accidents in Saline often have severe consequences. If you were harmed in this type of wreck, do not hesitate to reach out to a skilled attorney. Our law firm can help you seek financial compensation from the tractor-trailer operator or their employer for your losses.
Does Texting Behind the Wheel Count as Negligence?
Nearly every personal injury lawsuit is based on the legal principle of negligence. A person is negligent if they are the direct and primary cause of an accident resulting in injury because they failed to fulfill a duty of care they owed to you.
Reading, writing, and sending text messages while driving is a textbook example of negligence. Not only is it illegal for truck drivers to text behind the wheel, but it is also inherently reckless and prevents motorists from paying attention to their surroundings. The trucker who was texting and driving would almost always bear fault for the injuries and damages stemming from an accident.
Pursuing Fair Recovery After a Collision in Saline
Even if a trucker was texting behind the wheel and unquestionably at fault for causing a wreck, you still may not be able to file suit against them or their employer. Under the no-fault car insurance rules that govern accident claims in Michigan, you must first seek compensation through your own insurer.
You may only have grounds to pursue restitution from third-party litigation if you sustained serious injuries that will result in permanent disfigurement or disability. Alternatively, you may be eligible to file a lawsuit if the trucker involved is from another state.
How Partial Fault Affects Recovery
In a legal case, the negligent tractor-trailer operator may argue you were partially at fault. Michigan Compiled Laws §600.2959 allows courts to proportionately reduce the amount of compensation they award to the injured party based on the percentage of total fault that individual bears.
If you are found more at fault than all named at-fault parties combined, you cannot recover anything at all. A dedicated lawyer can help you argue against accusations of partial fault.
Discuss Recovery Options for a Texting and Driving Truck Accident with a Saline Attorney
Pursuing fair financial recovery after any kind of truck wreck can be a complex and time-consuming ordeal. This is especially true for crashes caused by truck drivers. You may be dealing with intensive medical treatments and overwhelming calls from insurance agents. In a situation like this, having quality legal counsel can make a tremendous difference in your odds of recovering compensation.
Once you seek appropriate medical care, contacting a lawyer should be one of your main priorities after a texting and driving truck accident in Saline. Call Charles Boyk Law today to schedule a free, confidential consultation with a member of our team.