How Can You Prove Distracted Driving Caused a Truck Accident in South Dakota?
Distracted driving is one of the most common causes of commercial trucking accidents in South Dakota. Obviously, if any driver diverts their attention from the road it creates a serious safety risk. But when a person drives a commercial tractor-trailer, even a split-second distraction can lead to a catastrophic accident.
Insurance Companies Pay $5 Million to Settle Fatal Rear-End Accident Lawsuit
Recently, the family of a woman killed in a rear-end accident in Illinois involving a commercial truck reached a $5 million wrongful death settlement with the insurance companies responsible for insuring the truck’s owners. According to Missouri Lawyers Media, the victim’s car ran out of gas on the highway during rainy conditions. The commercial truck was behind the victim. The truck driver had his cruise control active and failed to take any action to brake or avoid colliding with the victim.
During the pre-trial discovery and mediation leading up to the settlement, attorneys for the victim’s estate raised the issue of distracted driving. And this provides a good illustration of the types of evidence that you can look for when trying to prove such a claim. For example, an eyewitness testified at a deposition that the truck driver “was staring at his cell phone.” On the other hand, the police conducted a post-accident investigation and “concluded there were no open apps on the phone” and the truck driver was not “on an active phone call” when the crash occurred.
But critically, the estate’s lawyers were not able to examine the truck driver’s cellphone directly. The driver “sold it on Facebook marketplace.” Had this case gone to trial, the estate would likely have argued this was an intentional “spoliation” of evidence. Spoliation is a very serious matter in personal injury cases. Basically, if either side in a civil lawsuit intentionally destroys or significantly alters evidence, the trial judge can impose sanctions. This can take the form of a monetary fine, or in some cases even an instruction to the jury that it should consider the spoliation as proof of the defendant’s liability.
Another piece of evidence that could have proven crucial in proving distracted driving was footage from any on-board cameras. Many commercial trucking companies now install in-cabin cameras facing the driver, although it is not required by law. In fact, the trucking company in this case had such cameras installed but they were not activated. The estate’s attorneys told the press that the cameras were simply there to help lower the trucking company’s insurance premiums. One attorney noted that had such footage been available it could have prevented the fatal accident in the first place “as it would have made the driver think twice before playing on his phone.”
Contact a Sioux Falls Wrongful Death Attorney Today
A wrongful death settlement does not undo or mitigate the loss of a human life. But the families of the victims have the right to seek some measure of justice from negligent truck drivers and the companies that employ them. If you need to speak with an experienced fatal truck accident lawyer in Sioux Falls, contact Hoy Law today at (605) 334-8900 to schedule a free consultation.
Source:
molawyersmedia.com/2025/08/08/truck-accident-wrongful-death-settlement/
