You might expect a truck driver to be responsible and cautious, but many drivers make the same mistakes that motorists make, such as texting while driving. While on the road for a long period, the driver might want to keep in touch with family members or might be looking for information on a mobile device. This can be especially catastrophic because the truck driver has larger blind spots. If you are involved in an accident, a truck accident lawyer can use the use of a cell phone to prove your case.
The Illegality of Texting While Driving
It's important to know whether the truck driver was on their cell phone because you must prove that the other driver was negligent to be able to receive compensation for your injuries after an accident.
The Federal Motor Carrier Safety Administration (FMCSA) has made it illegal for any truck driver to use any handheld devices while driving. The only exception is when using a mobile device to communicate with emergency services.
Drivers who violate the law regarding the use of handheld devices may face fines and the suspension of the CDL license in the event of multiple violations. As a result, you will be able to hold the driver accountable and reduce the risk of actions like this in the future.
The Effect of Texting on Your Case
To receive compensation for your injuries, you will need to prove that the other party was negligent and that the negligence caused the accident and your injuries. Then, your truck accident attorney will be able to take the next steps and negotiate a settlement for your injuries.
If the truck driver was texting, it's more likely that the truck company will be held responsible for the accident due to the concept of vicarious liability. While you should be able to receive more compensation from a trucking company than you would receive from an individual driver, commercial insurance providers do everything possible to limit liability.
How to Prove Liability
When contacting the police, make sure to bring up that you believe the other driver was using a mobile device. If the police report includes this information, you will have an easier time proving liability.
The commercial insurance provider might deny that the other driver was using a handheld device while driving. However, your attorney may be able to obtain the black box and use this as evidence of texting while driving. Also, they may be able to subpoena the phone records of the mobile phone carrier.