We see it all the time, drivers who aren’t paying attention to the road because they are distracted by mobile devices. Although it may not be illegal in all states, it is illegal for certain drivers, no matter where they are traveling. This is the case for truckers, who are prohibited from using handheld mobile devices.
Therefore, accident victims who believe a truck driver was using one at the time of an accident should try to establish this negligent act in an injury claim. It could become a key factor when determining fault. But proving the trucker was texting while driving can be challenging.
Establishing Liability of a Truck Driver Based on Cell Phone Use
It can be one driver’s word against another after a crash. One way to prove that a truck driver was using a cell phone is to review his/her cell phone records Cell phone records could indicate if a phone call or text message was sent or received around the time of the accident. If that is the case, it could help establish a driver’s negligence.
Another way to prove that a trucker was using a cell phone is through eyewitness testimony. Bystanders or occupants of other vehicles might have seen the truck driver looking down at something (which could indicate texting) or with a cell phone up to his/her ear.
In any circumstance, using a mobile device behind the wheel of a vehicle is an act of negligence. But it becomes especially critical in a case involving a truck accident because of federal regulations that ban texting and driving among truckers.
Jason R. Schultz Can Help if Injured in a Truck Accident
Call the Law Office of Jason R. Schultz at 404-474-0804 to review the circumstances of your case and for help obtaining necessary evidence to establish a trucker’s negligence.