If a distracted trucker hit you, you’re likely dealing with pain, bills, and questions. A distracted truck driver accident lawyer in Brevard County can help you pursue accountability and compensation.
Anidjar & Levine handles distraction-related truck cases, including texting, handheld phone use, in-cab system use, and other preventable behaviors. Our truck accident lawyers in Brevard County build claims, negotiate with insurers, and file lawsuits when needed.
Marc Anidjar and his co-founder, Glen Levine, have won thousands of cases and recovered over $450 million for their clients. Call us today for a free initial consultation.
What Causes Distracted Truck Driving Accidents?
Commercial truck drivers face long hours, tight delivery deadlines, and the monotony of routes like I-95, U.S. 1, and the Beachline Expressway. Distraction, whether visual, manual, or cognitive, can turn a multi-ton truck into a dangerous weapon. Common distractions include texting, dialing a phone, reading dispatch messages, or reaching for objects.
The Federal Motor Carrier Safety Administration (FMCSA) prohibits texting and handheld phone use for commercial drivers. Florida law also bans texting while driving and restricts handheld use in school and work zones. When truck drivers or their employers ignore these safety rules, accidents in Cocoa, Rockledge, Merritt Island, or other areas of Brevard County can happen in an instant.
Our Brevard County personal injury lawyers investigate the cause of the distraction and whether the trucking company’s policies, or lack thereof, contributed to the crash. For example, unsafe scheduling, inadequate training, or poor supervision can point to corporate negligence. This can open additional sources of insurance coverage.
Determining Liability for a Distracted Truck Driver Accident
A truck driver who was texting, distracted by an electronic device, or otherwise negligent can be directly liable for your injuries. However, the trucking company is often also responsible under respondeat superior, a legal doctrine that holds employers accountable for their employees’ actions during work.
In some cases, additional parties may share liability, such as:
- Third-party maintenance contractors if a mechanical failure contributed.
- Freight brokers who may have pushed unsafe schedules.
- Product manufacturers if a defective component, like a malfunctioning GPS or electronic logging device (ELD), played a role.
Florida follows a modified comparative negligence system. If you are found partially at fault for the crash, your recovery is reduced by your percentage of fault. However, if you are found more than 50% at fault, you cannot recover damages. We work to counter blame-shifting tactics used by insurers and document the truck driver’s distraction to ensure accountability.
Evidence That Proves Distracted Driving in Truck Accident Cases
Proving distraction requires gathering and preserving evidence quickly. At Anidjar & Levine, we send immediate preservation letters to secure:
- Electronic logs from the truck’s ELD system.
- Dashcam footage and dispatch data.
- Phone records showing calls, texts, or app usage during the crash.
- Surveillance video from nearby businesses or traffic cameras.
Our Brevard County distracted truck driver accident attorneys also rely on other critical evidence, such as the trucking company’s cellphone policies, safety audits, and any prior violation history.
Patterns of noncompliance with FMCSA rules can help strengthen negligence claims against the trucking company. By tying the trucker’s distraction to the moment of impact, we build a compelling case for your personal injury lawsuit.
Common Distractions Behind Truck Accidents
Truck drivers face many potential distractions behind the wheel, including:
- Texting, emailing, or using social media apps.
- Handheld phone calls or reaching for a device.
- Adjusting GPS systems, ELDs, or dispatch tablets.
- Eating, drinking, or smoking while steering.
- Reading paperwork or load manifests.
- Looking at billboards, signs, or roadside activity.
Each of these actions takes attention away from the road and increases the risk of a serious accident.
Our Brevard County Distracted Truck Driving Accident Attorneys Seek Fair Compensation
After a distracted driving crash, you may be eligible to recover compensation for both economic and non-economic damages. These damages aim to cover the financial and emotional toll of the accident, including:
- Medical expenses: Emergency care, surgeries, rehabilitation, and future treatments.
- Lost income: Wages lost during recovery, reduced earning capacity, and costs for job retraining.
- Property damage: Repairs or replacement for your vehicle.
- Non-economic damages: Pain, suffering, emotional distress, and loss of enjoyment of life.
In fatal crashes, Florida’s Wrongful Death Act allows eligible family members to seek damages for funeral expenses, loss of support, and loss of companionship. Our team handles these cases with the care and attention they deserve.
Florida’s Laws and Deadlines for Distracted Driving Cases
In Florida, most personal injury lawsuits must be filed within two years of the accident date. Wrongful death lawsuits also have a two-year deadline. Cases involving government-owned vehicles may have shorter notice requirements or additional steps before filing.
Distracted truck driver cases often involve FMCSA rules that prohibit texting and handheld phone use. Violations of these regulations can support negligence claims and may influence settlement negotiations.
We identify all applicable deadlines, defendants, and insurance policies to ensure your case is filed properly and on time.
How We Build Your Brevard County Truck Accident Case
Our legal team starts with a thorough investigation and a free case review. From there, we:
- Secure evidence such as phone records, dashcam footage, and black box data.
- Analyze the truck driver’s hours-of-service logs and the company’s safety policies.
- Consult with accident reconstruction experts and human factors specialists.
- Handle all communication with insurers and negotiate for a fair settlement.
If the insurance company disputes liability or minimizes your injuries, we are prepared to file a personal injury lawsuit in the appropriate Brevard County court.
Steps to Take After a Distracted Truck Driver Crash
After a serious truck accident, taking the right steps can protect your health and your legal rights:
- Get immediate medical care, even if you feel fine. Some injuries, like concussions or soft tissue damage, may not show symptoms right away.
- Photograph the scene, including vehicle damage, skid marks, and any visible injuries.
- Collect witness information, along with the trucking company’s name and USDOT number.
- Report the accident to your insurer, but avoid giving recorded statements without legal advice.
- Contact a truck accident attorney to begin preserving critical evidence and building your case.
Ready to Discuss Your Brevard County Truck Accident Case?
You don’t have to face the aftermath of a distracted driving truck accident alone. At Anidjar & Levine, we investigate the crash, protect your rights, and pursue the compensation you deserve.
Contact us today for a free consultation and discuss your legal options. Let us handle the legal work while you focus on your recovery.
We Can Help.