Since trucks are so large and heavy, it can be incredibly dangerous when a commercial vehicle driver decides to use a cell phone behind the wheel. This extremely negligent behavior could cause an accident that leaves commuters with severe injuries.
If you were involved in a texting while driving truck accident in San Antonio, a seasoned tractor trailer collision attorney can fight to protect your rights. Proving that the trucker was undoubtedly using their phone behind the wheel is an essential part of these cases, and a tenacious attorney can take the lead.
Local laws prohibit the hands-on use of cell phones behind the wheel for all drivers. If a trucker wishes to make a phone call or listen to a podcast, for example, they need to make sure that they use the device in a hands-free manner. If a commercial vehicle driver uses their phone by picking it up, touching buttons, or reading from the screen, they violate local laws and could face liability.
Additionally, the Federal Motor Carrier Safety Administration establishes further rules for national truckers. These guidelines prohibit commercial vehicle drivers from using all hand-held devices, not just cell phones. If an employee at a tractor trailer company breaches these rules, they could face serious consequences.
A knowledgeable attorney in San Antonio can further elaborate on texting while driving laws to help a plaintiff understand whether the truck driver’s behavior was negligent and dangerous.
If an injured plaintiff hopes to collect monetary damages after being struck by a tractor trailer, they must definitively conclude that the trucker’s prohibited use of a cell phone caused the accident in question.
A detail-oriented attorney typically accomplishes this by implementing cell phone records. For example, they would obtain written consent to subpoena the information from the relevant service provider, whether it be AT&T, Sprint, Verizon, or another company. Afterward, a legal representative could work with a forensic expert to examine the data. They would look for information about texting habits, outgoing or incoming calls, social media use, or website activity. Any of this information could be invaluable in proving that a negligent truck driver violated laws and breached their duty of care.
A skilled lawyer in San Antonio has experience factoring all these aspects into a truck accident claim and can help a plaintiff demonstrate that the commercial vehicle driver operated their phone illegally.
If an injured claimant was also using their phone and a court concludes that this activity contributed to a crash, the wounded passenger driver might collect less financial compensation. Determining that a plaintiff is partially to blame, in most cases, significantly reduces their legal standing and impacts their claim. For instance, if a driver caused 30 percent of a truck collision because of call phone use, they might be awarded 30 percent less monetary damages.
The prospect of collecting less financial compensation is frightening, but a hard-working attorney in San Antonio can fight against allegations of shared blame to reveal that a driver did not partially cause a truck accident by texting.
Texting behind the wheel of a truck is a reckless and serious offense that always deserves legal attention. Anyone who is injured in a collision with a distracted commercial vehicle driver is likely entitled to justice and compensation. A compassionate lawyer can help a plaintiff obtain the assistance they need, starting with outlining the best way to handle texting while driving accidents in San Antonio. Contact the office today to schedule an initial appointment.