Free Consultation (404) 474-7122
  • Home
  • Firm Profile
  • Team
    • Scott Pryor
      Scott Pryor
      image

      Scott is a member of the State Bar of Georgia and is listed in the top 1% of trial attorneys in the nation by the Litigator Awards. He is also a member of Super Lawyers, National Trial Lawyers, the Georgia Trial Lawyers Association—Champion Level and sits on the Communications Committee of GTLA, and the Multi-Million Dollar Advocates Forum.

      Read More
    • JJ Timmons
      JJ Timmons
      image

      J. J. Timmons graduated from Mercer Law School in 2000. He spent many years thereafter doing insurance defense work in general liability and workers’ compensation for several insurance companies and a major automobile manufacturer. He eventually realized that he was working on the wrong side and has been representing plaintiffs and injured workers for the last seven years. Timmons joined Scott Pryor Law in 2015 and specializes in personal injury and worker’s compensation cases.

      Read More
    • Lindsay Butler
      Lindsay Butler
      image

      Lindsay Butler has been with Scott Pryor Law since 2010. Prior to joining the Firm, she worked in Atlanta radio for several years. Lindsay wears many hats at Scott Pryor Law and most likely will be involved in every step of your case. She is honored to be an advocate for clients through a very difficult time in their lives. It’s important to her that clients know there’s no question too small and she’s always available to discuss their case.

      Read More
    • Pretty Dimmel
      Pretty Dimmel
      image

      Pretty Dimmel graduated from GA State University and then received her paralegal certificate from UGA. She is fluent in Spanish and Malaysian. She has a medical/insurance background and loves to help our clients resolve their medical billing issues. Pretty joined Scott Pryor Law in 2016 and loves seeing our clients' happy expressions when they see how much she was able to reduce their medical bills.

      Read More
    • Angie Hemmings
      Angie Hemmings
      image

      Angie Hemmings joined Scott Pryor Law just last year, and has already made her mark on the Firm. Her previous employment on staff at a local church prepared Angie for her current role in client relations and marketing. Meeting prospective clients, checking in regularly with current clients, and staying in touch with former clients are what Angie is passionate about. She wants you to know that you and your family are important to her.

      Read More
    • Ivan Franco
      Ivan Franco
      image

      Bio Coming Soon

      Read More
  • Practice Areas
    When a loved one is killed because of another's negligence, it is important to hold them responsible...
    Read More
    Allow us to fight for you after a serious injury has occurred in order to recover compensation and aid in the recovery process.
    Read More
    A quick moment in time, a sudden slamming of the brakes, or a loud blare of a horn can be all the time you have to prepare yourself in the event of a car accident.
    Read More
    According to the National Highway Traffic Safety Administration (NHTSA), the number one leading...
    Read More
    Motorcycle accidents often involve catastrophic injuries, such as a head or spinal cord injury because the driver...
    Read More
    To hold a negligent property owner or business responsible for the damage they have caused, contact us today.
    Read More
  • Results
    3.8M
    Bad Faith Case
    1.2M
    Car Accident
    5.4M
    Fraudulent Conduct
    4.5M
    Trucking Accident
  • Locations
  • Resources
  • Contact Us

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.

How Can Cellphone Use Impact Liability in a Truck Wreck Claim?

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.

Plaintiff Cell Use

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.

Distracted Defendant

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.

What is Evidence of Cell Use?

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.

A Gwinnett County Lawyer Could Prove Truck Driver Cellphone Use

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.

N/A
6185 Crooked Creek Rd NW
Ste. H
Peachtree Corners, GA 30092
Get Directions
FAX: (678) 302-9366