Commercial vehicle wrecks caused by cellphone use are common throughout Gwinnett County. Truck drivers often use their cellphones to access maps or communicate with their company.
In the state of Georgia, drivers are prohibited from holding a cellphone while driving, but they may still operate their cellphone using a voice command system or a hands-free device, such as a Bluetooth headset. However, any cellphone use can distract them and increase their chances of being involved in an accident.
If a distracted trucker struck you or a loved one, you should consider speaking with an accomplished attorney. Gwinnett County truck accidents involving cell phone use can be catastrophic. A skilled lawyer could gather the evidence needed to prove the trucker was responsible for the collision.
If the injured driver and at-fault trucker are found to have been using their cellphones at the time of an accident, it is up to a judge or jury to determine what percentage both parties were at fault for the collision. Georgia is a contributory negligence state, which means a plaintiff can recover a reduced amount of recovery so long as they are less at fault for their injuries than the defendant.
The at-fault driver can make the argument that the plaintiff was distracted if the plaintiff were using their cellphone at the time of an accident, regardless of whether they were using a hands-free device. A jury would assign a percentage of blame by which a plaintiff’s recovery would be reduced appropriately.
An at-fault driver’s cellphone use at the time of an accident strengthens a plaintiff’s civil claim. Not only could a lawyer argue that the at-fault driver caused the collision by using their cellphone, but they also may have violated the law if their cellphone was in their hand.
Both drivers’ cellphone records must be requested as soon as possible following a Peachtree Corners truck wreck to avoid the communication system records possibly being destroyed or deleted by the trucking company. An attorney also will likely request additional information from the trucking company through a spoliation letter.
Once a truck accident lawsuit has been filed, the injured driver is entitled to certain information. If a trucking company is not willing to provide the driver’s cellphone records, the injured person or their attorney may request the records in a court order or send a subpoena to the cellphone company directly. The trucker can object, but once a lawsuit has been filed, an experienced attorney will likely be able to obtain their cellphone records.
Unfortunately, Gwinnett County truck accidents involving cellphone use are very common. Even using a hands-free device could distract a trucker long enough to cause a wreck.
Due to the large size and weight of commercial vehicles, the occupants of passenger vehicles the truck collided with can be seriously hurt. With the help of a well-practiced attorney, you could gather evidence to prove your claim and receive compensation for your losses. Call now to learn more about how an attorney could help you.