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If you are in a texting and driving Maryland truck accident, you probably have a claim to compensation. Texting and driving is inherently a negligent act. However, proving that the adverse driver was texting and driving at the time of the accident can be more challenging. Moreover, just because the truck driver is texting and driving at the time of your accident does not necessarily mean they are responsible for your injuries. For example, if you are the one driving behind the truck and you rear-end the 18-wheeler, but the trucker happened to be texting and driving at the time, you may be liable for injuries sustained in the accident.
We deal with distracted driving frequently in our practice. Having practiced personal injury law for over 71 years, we have seen countless forms of distracted driving. However, texting while driving a truck is far and away the most dangerous.
A momentary lapse in attention can lead to catastrophic accidents, causing severe injuries or even fatalities. In Maryland, strict laws prohibit texting while driving, and commercial truck drivers are subject to even more stringent regulations due to the immense potential for harm their vehicles can cause. Almost everyone agrees that drunk driving is dangerous and immoral, not to mention illegal. Well, some studies have shown that texting and driving is more dangerous than drunk driving. While drunk driving should never be done, texting and driving takes the dangerous action a step further because the driver’s eyes are completely taken off the road. If you or a family member are in a texting and driving Maryland truck accident, call our office immediately to give yourself the best chance for maximum compensation.
There are at least three reasons why texting and driving is dangerous for truck drivers.
This is the most dangerous thing you can do. Even if you remove your hands from the wheel or momentarily shift your focus away from the road, you may be able to react in time to save yourself and anyone you may collide with. However, if your eyes are not on the road but instead on your cellphone, you may not even notice that you are about to cause a texting and driving Maryland truck accident. Consider a scenario where you are driving on the highway. If you look away from the road for even five seconds, you will have traveled about the length of one football field at a speed that, if you hit something, could change the course of your life.
Of course, the consequences of a trucker taking his eyes off the road are even more severe. If you are here, you may already understand this first-hand. We do too. If you are the victim in a texting and driving Maryland truck accident, we will fight for you. We know how devastating these accidents can be. We have decades of experience evaluating these claims. Our truck accident lawyers consider your lost wages, medical expenses, and the physical and emotional pain you are suffering from your injuries sustained in the accident. If the truck driver was texting and driving when they hit you, call us today for help with your case.
If a trucker’s hands are not on the steering wheel, but instead on their cell phone texting, it is physically impossible for the driver to react to a hazard on the road. An 18-wheeler requires precise hand movement to control such a large vehicle. Consider how little room a commercial truck has for error. Even in standard sized lanes, a truck has less room to maneuver than a sedan that takes up less of the lane. Thus, every movement or nonmovement of the truck is critical to your safety. So, why is it such an issue if a trucker removes hands from the wheel?
Similarly, unexpected obstacles, such as a stalled car or a merging vehicle, require split-second adjustments that a distracted driver may be unable to make. This gives the trucker less time to react, thus a higher probability of error. And while operating an 18-wheeler, the consequences are life or death.
While this is the least dangerous of the three reasons why texting and driving is especially dangerous for truck drivers, it is still responsible for plenty of texting and driving Maryland truck accidents. Driving a commercial truck requires constant attention and decision-making. Most critically, if you are driving a truck and texting on your cell phone, your ability to anticipate dangers and make snap decisions is compromised. For example, you may drive down the highway on I-495 (The Beltway). Ahead, there is a hazard on the road. Of course, you cannot see the hazard if your eyes are on your phone and not the road.
However, to make matters worse, even if you quickly shift between the road and your phone, you may be unable to identify what is ahead of you and determine whether it is a hazard. When you do realize it is a hazard, it is common to panic. Unfortunately, when truck drivers panic, they may swerve into another lane, causing a sideswipe accident.
The answer to who is liable in a texting and driving Maryland truck accident may surprise you. The party liable is not necessarily the same party texting and driving. Ultimately, if a truck rear-ends the car in front of it, the truck is almost always responsible. Although, there are exceptions. This is true if the trucker is texting and driving. But it is also true if the car in front is texting and driving, as long as the driver’s behavior does not fall under an exception. Of course, drivers who text and drive can still be criminally ticketed by an officer on the scene. However, that does not necessarily pertain to your truck accident. At least, this is the way it works in theory.
In practice, if we find out that the defendant driver was texting and driving at the time of the accident, we will certainly use that information against them. During cross-examination, we are quick to ask questions pertaining to focus and cell phone usage if we believe the defendant was texting or even on their cell phone at the time of the accident.
Similarly, we may consider whether other parties are liable in a texting and driving Maryland truck accident. We always consider whether the trucking company is liable for the trucker’s negligent behavior. There are times when it is and times when it is not. Generally, the trucker must have been acting within the course and scope of his employment at the precise time of the accident. This does not include commuting to or from his residence.
If you are in a texting and driving Maryland truck accident, it is critical to speak with a truck accident law firm like Gelb & Gelb immediately.
Call our office today for a free consultation at (202) 331-7227.
Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.