Cell phone use while driving has become a major concern in recent years. Unfortunately, it only takes a few seconds of inattention by a trucker to cause a devastating collision that could completely alter the lives of those involved.
When you or a loved one are hurt in a truck accident caused by someone else’s cell phone use, you may be entitled to monetary damages for your injuries. A dedicated tractor-trailer crash attorney with experience handling truck accidents involving cell phones in Wesley Chapel could help you navigate the entire legal process and fight for the comprehensive compensation you need to recover.
Cell Phone Use Is a Leading Cause of Crashes in Wesley Chapel
In Wesley Chapel, distracted driving is one of the most common causes of truck accidents, where anything that diverts the driver’s attention from the road can be considered distracted driving. Unfortunately, cell phone usage is one of the most common distractions for drivers today, including texting, checking social media, or even talking on the phone. Statistics reveal that using a cell phone while driving, even if it is hands-free, can be as risky as consuming alcohol and getting behind the wheel. While most people believe they can manage it, the truth is that it is an extremely hazardous practice.
How Cell Phone Use by the Injured Party Could Impact a Claim
The concept of comparative negligence is used by the jury to establish liability in personal injury claims in Florida. If a plaintiff was using a cell phone at the time of an accident, the jury could consider this a factor when assessing the negligence of both the plaintiff and the defendant. This may lead to a conclusion that the plaintiff was also negligent, contributing to their own injuries. Consequently, the jury may reduce the plaintiff’s damages award by the percentage of responsibility that is attributed to their use of the cell phone while driving.
Collecting Evidence to Prove Cell Phone Use Caused a Crash
Obtaining evidence for a tractor-trailer accident claim involving cell phone use in Wesley Chapel can be challenging. Determining whether a person was using their cell phone at the exact time of the crash is often difficult. To build a case, a proactive attorney—like Scott Distasio—could gather evidence from witnesses, the injured party’s account of the events, and cell phone records. However, the cell phone records may not accurately pinpoint the exact time of the crash. While they can provide a general idea of cell phone use, witness testimony is often the most powerful evidence. Observations of a driver using their cell phone at the time of the accident can provide strong evidence to support a legal case.
Consent Is Required to Obtain Cell Phone Records
Access to cell phone records is considered private information, and lawyers representing an injured person are typically only granted access to their own client’s records. To obtain the cell phone records of the other driver involved in the accident, the injured party’s lawyer must rely on the insurance company or the other driver to voluntarily provide the information; however, there is no legal obligation for them to do so prior to the injured party filing a legal claim.
If cell phone use is a critical factor in the case, the injured person’s attorney may need to file a lawsuit and issue a subpoena to obtain the records directly from the cell phone providers. Generally, courts are willing to enforce these subpoenas if cell phone use is a key point of contention in the case.
Get in Touch With a Wesley Chapel Attorney If You Were Hurt in a Truck Accident Involving Cell Phones
Distracted driving, particularly the use of cell phones, among truck drivers is a significant contributor to severe accidents that can result in catastrophic injuries or fatalities across Florida.
When you suffer harm due to the negligence of a truck driver, you have a legal right to demand financial recovery. Contact a knowledgeable lawyer at Distasio Law Firm experienced with truck accidents involving cell phones in Wesley Chapel to get started on your claim today.