Distracted Truck Drivers: Honk! Honk!
For as long as I can remember, signaling a trucker to honk his horn has been a popular way to crack a smile while driving the busy streets. While seemingly harmless, truckers have admitted to the dangers it can cause if they decide to go through with it. A user by the name of Riserius1 posted on an online forum has begged parents to teach their children the dangers, saying “PLEASE tell them to stop making that pulling motion with their arm”. At the time of the post, he was the proud holder of a safety award given by his company for 6 years straight. He makes a valid point saying “Truckers have enough bad reputations”, and it’s true, they are strongly criticized. It doesn’t help that a recent news story involved the loss of 4 lives due to the negligence of a truck driver.
Distracted driving is a very serious problem, and the horn honking is obviously a very petty subcategory. I’d estimate a very small amount of accidents to ever have been caused by that situation, it was simply an example. The more commonly encountered forms of distracted driving are physical distractions, mental distractions and visual distractions. What happens in a situation where the cause of a car accident is easily identifiable and the legally liable party is determined without question, but the victim or plaintiff was distracted moments before it happened, being a possible aid in the cause of the accident?
This situation is a legal nightmare, and the verdict will most likely have to be decided based on a series of fictitious characters placed in the same scenario and given characteristics of ‘responsible, healthy minded’ individuals placed in the same situation. What could have happened differently? Would the average person have been able to avoid it if they weren’t texting? In the given circumstances, was the crash avoidable in any way if something hadn’t been done that the victim had done? Depending on the answers to these questions, both drivers may be held liable and therefore treated accordingly.
The interesting thing about accidents is they don’t occur on purpose. If someone accidentally steps on their gas pedal instead of their brakes at a stop sign and hits a driver who was texting, could that distracted driver have sped up if he or she was paying attention and avoided the collision? Yes, the man should be a more careful and responsible driver, but if teamwork means anything, we can work together to avoid these accidents, and if there are people who are too distracted to practice teamwork, shouldn’t they be punished as well? Our world would operate so much smoother if everyone was ready and willing to work as a team.
The point of this article is to express that sometimes, fault is deeper than written laws and regulations. Perhaps, just a little bit of common sense should be sprinkled on court cases and allow for a pardon in the legal system. Maybe not all judges are against a little use of common sense; perhaps they just haven’t heard the right combination of words to open their minds to other possibilities. No victim of distracted driving should go unanswered, whether they are being held at fault or not. If you feel victim to legal mistreatment, or you just haven’t had the chance to express everything you’ve wanted to, Dolman Law Group is a great first step.
Here at Dolman Law, we strive to find victims of these cases the compensation they deserve and are owed. If you or someone you know has suffered from losses—be it emotionally, physically, or monetarily—, experienced a loss of enjoyment of life, or has died as a result to someone else’s negligence, you may be in line for a settlement. Don’t wait another minute to start your case; Dolman Law Group offers a free consultation and case evaluation, giving you the risk-free opportunity to learn your rights and options. Call us today at 727-451-6900 or use our quick and easy online form to speak with an experienced distracted driving attorney and get started on your case today!
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