Due to the numerous accidents caused by drivers using a cellphone while driving, there have been laws put in place to limit phone use. The local rules regulating the use of cellphones while driving are that a driver cannot use a handheld device unless they have a Bluetooth capability or headset. If a person is caught with a cellphone in their hand either texting while driving or talking on the phone while driving, they will be issued a citation.
A seasoned Norwalk truck accidents involving cellphones lawyer could help you recover compensation if you were injured in a collision caused by a driver using their cellphone. Reach out to an accomplished truck crash attorney today.
Trucking accidents involving use in Norwalk, especially on Interstate 95 are extremely common. Truck drivers may be texting, taking a phone call, web browsing, or checking social media. All these actions can lead to a severe collision. Trucks carry so much weight which can increase the likelihood of catastrophic injuries and casualties.
To recover damages following a wreck, it is imperative to establish negligence. Fortunately, an experienced truck accidents involving cellphones lawyer in Norwalk could help establish fault and recover the compensation the injured party deserves.
Cellphone use by a plaintiff at the time of an accident can present a problem in an injury claim. It could be asserted that the plaintiff on the phone at the time caused their own injuries by being distracted. However, it is not always the case. It is the job of an attorney to differentiate the cellphone use with the accident itself. If the cellphone use is not the cause of the accident, an attorney must be able to show a differentiation between the cause of the accident with the plaintiff’s use of a cellphone.
At the time of an accident, if the defendant is using a cellphone, it is the job of a lawyer to show that but for the use of the cellphone the accident would not have occurred. In order to show negligence, the cellphone use is used to show a distracted driver at the time.
An injury claim can be impacted if both parties are using cellphones. An attorney is able to differentiate between the plaintiff’s cellphone use and the defendant’s cellphone use. Just because someone is using a cellphone does not necessarily mean they are being negligent. For example, if an individual is using a cellphone and a defendant runs a red light, the defendant would be at fault for running the red light and it would have nothing to do with the plaintiff using their cellphone. Therefore, causation must be established by differentiating the traffic violation of running through a red light.
Evidence used in truck crash collisions involving cellphones includes photos, videos, witness testimony, and phone records. Phone records are crucial to these cases, and a Norwalk truck accidents involving cellphones attorney will subpoena the phone records of a defendant who is accused of causing an accident. Many times, attorneys will not take the affirmative step of getting those cellphone records, which can be the difference between success and failure of an injury case.
There are two ways to obtain phone records of drivers involved in a truck accident. First is through consent. If the driver’s consent to the search of the cellphone, law enforcement can obtain those records. Second, a lawyer could subpoena the records if there is not consent. What that means is that a court order can be granted to obtain the cellphone records of a party involved in an injury case where it is alleged that cellphone use caused a collision.
A Norwalk truck accidents involving cellphones lawyer could help you recover compensation following a crash. A skilled attorney could gather evidence, establish fault, and fight for your right to damages. Call today and set up a consultation.