Texting and Driving Truck Accidents in Columbia

Texting and driving truck accidents in Columbia can cause life-changing injuries and even lead to death. When you or a loved one are injured due to a truck driver using an electronic device, a dedicated truck accident attorney can help you recover compensation for your injuries and suffering.

Truck accidents are especially dangerous due to the size and weight of the vehicle. These accidents can involve various types of commercial trucks, such as semi-trucks, delivery trucks, box trucks or tow trucks.

Texting and Driving Prohibited by Siddens Bening Hands Free Law

Commercial truck drivers are generally prohibited from using an electronic communication device while operating a vehicle on a public road according to the state’s Siddens Bening Hands Free Law, Missouri Annotated Statutes § 304.822. In addition to cell phones, the statute’s ban also applies to the use of items such as electronic communication devices, pagers, video game consoles, and any device used to send or receive communications or store such data.

Siddens Bening Hands Free Law prohibits holding or supporting these devices while operating a vehicle. The statute also prohibits a variety of specific uses, including social media interactions, voice messaging, typing into a website or application, watching videos, and broadcasting a video or live stream. The statue specifically excludes items like radios, two-way radio communication devices, and GPS devices from the definition of electronic communication device, and it does not prohibit the use of a voice-operated or hands-free function to communicate.

Truck accidents caused by texting and driving in Columbia can lead to fines and even criminal charges in some cases. When a truck driver’s texting and driving is found to have caused the death of another person, the violation is a class D felony, and the driver can lose their commercial driver’s license if they violate the statute.

State Laws Can Potentially Limit the Recovery of Damages

An injured party or the family of a person who died in an accident must prove a negligence claim by showing a commercial truck driver violated their duty of care owed to other drivers through negligent or reckless behavior. This breach of duty must also be the direct cause of the injury or damages suffered by the victim.

Damages from accidents caused by truck drivers texting and driving in Columbia can come in the form of economic damages, such as medical expenses or lost wages, and noneconomic damages, like pain and suffering, loss of consortium, and emotional distress. The state has no cap on damages due to a truck driver’s negligence.

The doctrine of pure comparative negligence, Mo. Ann. Stat. § 537.765, can potentially limit an injured person’s ability to recover damages when their own negligence contributed to the accident. While the injured party is not completely barred from recovering damages when they are contributorily negligent, the state limits damages in these instances to the percentage of fault they was found to contribute.

For example, if an injured person is found 50 percent responsible for the negligent events that caused the accident, their recovery is limited to 50 percent of the damages sought. There is no cap on their recovery even if they are 99% responsible for the negligence.

There is also a five-year statute of limitations for personal injury claims that could completely block an injured person’s ability to recover compensation if the lawsuit is not brought in a timely manner, according to Mo. Ann. Stat. § 516.120. The tolling period begins on the date of the crash.

Call an Attorney Today for Help with Texting and Driving Truck Accidents in Columbia

You should contact a lawyer at the Law Office of Chris Miller immediately when you or a close relative are injured in a texting and driving truck accident in Columbia due to the negligence or recklessness of a truck driver.

An attorney can help evaluate the merits of your claims, discuss relevant evidence, and advise you on the next steps in the process. Call us to schedule your free confidential consultation.

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