Connecticut is a hands-free state, which means drivers cannot have a cellphone in their hands while driving. All drivers must use a hands-free device, and texting while driving is strictly prohibited.
Truck accidents caused by cellphone use occur more frequently than people think. Many truck drivers are distracted in some way, whether looking at their route information or doing something else that is taking their eyes off the road and that can cause accidents. An experienced truck accident attorney could help hold a distracted truck driver accountable for their negligence. Reach out to a dedicated Glastonbury truck accidents involving cellphones lawyer today.
Establishing Negligence in a Wreck Caused by Cellphone Use
If a driver is on the phone, playing with their phone, or using social media, they would likely be found to not be keeping a proper lookout, which can impact who is ultimately responsible for an accident. A person operating a vehicle is allowed to use voice-to-text, voice controls of their phone, or a speakerphone. If they have activated a map to their destination, they may look at the screen for directions.
Use of a cellphone by the plaintiff at the time of an accident may have no impact at all on a case if it was not a cause of the accident. Alternatively, cellphone use may expose the plaintiff to claims of contributory negligence insofar as, had they not been on their phone, they could have prevented the collision entirely.
Use of a cellphone by the defendant at the time of an accident can expose the defendant to double or treble damages, which means two or three times the economic damages. It can also expose them to per se statutory reckless claim, which can be significant and lead to a greater criminal penalty.
For help with establishing negligence, contact a truck accidents involving cellphones lawyer in Glastonbury.
Key to establishing any successful claim of liability is proving negligence. Only a truck driver who has breached a specific duty, such as using a cellphone while on the road, can be held liable for personal injury. To prove clear negligence to a judge or jury, a plaintiff needs to produce evidence.
In a truck accident claim suit involving cellphones, cellphone records would likely need to be obtained and preserved. Mobile phone records can be obtained through the civil discovery process to determine whether someone was on their cellphone at the time of the wreck. Subpoenas can be sent to cellphone providers, which would allow lawyers to review those records.
In most cases, law enforcement would have to secure a search warrant to obtain cellphone records. In a civil case, an insurance company may be able to obtain mobile phone history with consent from their driver with their insured or through a subpoena of the cellphone provider.
Contacting a Glastonbury Truck Accidents Involving Cellphones Attorney
If you were injured in a trucking collision caused by a driver who was on their phone at the time of the wreck, you might be entitled to compensation. Reach out to a Glastonbury truck accidents involving cellphones lawyer who could help you recover damages. Call today.