FOLLOW US ON
As cell phone use becomes more popular, it has led to an increase in truck accidents caused by such usage. Any time someone checks their phone while driving, they are distracted on some level. This is particularly dangerous as it relates to trucks because they are larger heavier vehicles that could cause even more damage in an accident than passenger cars. In this state, using a cell phone while driving is illegal unless it is hands-free.
When you are injured in a truck accident, you can work with a trusted truck accident attorney to pursue compensation for any bodily and property damage from the crash and for medical expenses and emotional effects, as well. Call today to speak with one of our attorneys familiar with texting while driving truck accidents in Indianapolis.
It is always best for the case that the injured driver was not on their cell phone, because it could affect an injury claim in a variety of ways, depending whether the other drivers were on their phones as well. An attorney in Indianapolis could provide guidance on the ways in which the truck accident injury claim would be affected by cell phone use.
If the plaintiff was on their cell phone when the accident occurred, a lawyer could help to minimize the impact that may have caused in the accident. However, phone usage can hurt the plaintiff’s case if it contributed to how the accident occurred. If the accident was 100% the defendant’s fault, the fact that the plaintiff was on his or her cell phone is irrelevant.
If the lawyer can prove that the at-fault driver was using their cell phone at the time of the accident, this serves as evidence of negligence. While it is not illegal to use a cell phone in a hands-free manner, simply being engaged in a phone call can lead to a distracted driving accident. It is important to always investigate whether the defendant was using a cell phone at the time of the accident.
If both the injured party and the at-fault driver were using cell phones at the time of the accident, it may contribute to how a jury decides who was at fault. However, for the jury to consider the evidence of cell phone use, there must be some indication that using the cell phone resulted in distraction.
While people have the right to privacy for their cell phones, authorities can obtain cell phone records using a subpoena if that party is involved in a lawsuit. Law enforcement can also obtain cell phone records if they have probable cause that the phone will produce evidence for a criminal charge. Finally, an individual can sign a consent which allows someone else to obtain their cell phone records. Other than these three exceptions, cell phone records are considered private.
To succeed in a truck accident injury case, a lawyer in Indianapolis must prove the at-fault driver was negligent using a cell phone or texting. In addition to proving negligence, the plaintiff also must prove they were not partially at fault as well. Authorities also have a right to obtain the injured party’s phone records, if necessary, for determining negligence in court. Cell phones and texts are only one piece of evidence to be considered when determining the fault of a personal injury case.
An experienced attorney in Indianapolis could obtain the cell phone records for the at-fault party to prove negligence while driving a truck. Different phone carriers provide this information in different formats. It is important to check the time of cell phone usage and compare it to the time of the accident. The lawyer may also look into who the call was with and the substance of the conversation.
Using your cell phone while driving is dangerous and could result in you and other drivers or pedestrians getting seriously injured. When you are injured in an accident due to a trucker’s negligence, reach out to an Indianapolis lawyer experienced with truck accidents involving cell phones. Call today to schedule a consultation with one of our experienced attorneys and get started on your case.