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The use of handheld smart devices is now a basic reality in our society. Most people have a cell phone with them when they are driving but there are laws regarding how you can use it while the vehicle is in operation. These rules also apply to truck drivers. If you sustained injuries due to a distracted trucker, reach out to a Cicero texting while driving truck accident lawyer. A hard-working truck accident attorney could use their skills to help determine if the defendant should be held liable for the losses you suffered.
Speaking on a cell phone while driving a vehicle must be done hands-free. This applies equally to passenger vehicles as well as trucks. It is illegal to be texting or scrolling the internet while driving because it is a major risk for distraction. The law balances the reality of people’s need to communicate with the safety of other individuals, which is why hands-free phone use is still allowed.
There are no statistics that show how often an accident involving a truck and the use of a cell phone occurs. If an injured person contacts a local cell phone truck accident lawyer soon after the crash, it may be possible to obtain the cell phone records for the truck driver. In this way, the lawyer could be able to prove that the truck driver was distracted by their cell phone at the time of the accident, making them liable for damages. Nothing besides hands-free use is permitted under the law because trucks pose such a serious risk of injury if they are in an accident.
If the injured driver was using a cell phone, it may serve as a partial defense for the trucking company. However, more and more accidents are caused by the truck driver illegally using their cell phone while driving. If a driver loses control of a truck that weighs up to 80,000 pounds, it is a recipe for tragedy. There may be additional traffic violations if the defendant was found to be using their cell phone at the time of the accident, and it also strengthens the plaintiff’s case. A jury will not look kindly on a truck driver who was disregarding cell phone laws when they caused an accident.
If the plaintiff and the defendant were both using cell phones, then both sides will make the argument that the other party was distracted. Whether this argument can be persuasive depends on how an accident was determined to have occurred. For example, if someone was using their phone while sitting at a red light and a truck strikes them in the rear of their vehicle, the use of a cell phone by the motorist had no bearing on how the accident occurred. If a driver was on their cell phone and their reaction time was a factor in the crash, then the phone usage will be an important piece of evidence.
Most drivers in a truck accident case will not admit they were on their device at the time. However, there are different ways to prove this. There may be witnesses who could testify that they saw the driver on their phone at the time, or video footage that captures them holding the device in their hand. The best evidence to use is the cell phone records themselves. This could prove to be powerful evidence because there is no denying whether they were on a cell phone or not when records clearly show that they were. A texting while driving truck collision attorney in Cicero could assist in getting these records.
Law enforcements will need a subpoena to obtain cell phone records following an accident. A police officer can subpoena records when they have probable cause that a crime was committed but an individual must file a lawsuit in order to get subpoena power. A plaintiff cannot simply request cell phone records for someone else without the legal authority of a subpoena.
Cell phones provide a big distraction for all drivers, even if they are just holding it to their ear to talk. If you believe smartphone usage contributed to an accident that left you injured, you have the chance to seek financial relief. A Cicero texting while driving truck accident lawyer is available to learn about your situation. Call now to speak with an experienced attorney.