In the State of Mississippi, texting while driving and distracted driving are a leading cause of motor vehicle collisions. In Pascagoula, any kind of texting is prohibited on cellphones while driving, but drivers are not prohibited from mobile phone voice conversations. Additionally, any kind of distracted driving is also prohibited.
Hands-off speakerphones, maps, and similar things that are not distracting to the driver are allowed. For example, the use of hands-off settings, speakerphones, and maps. However, sing the hands for anything other than driving is generally prohibited.
When a distracted truck driver causes an accident, they could be held liable for damages. If you or a loved one were injured in an automobile collision due to a distracted motorist, a Pascagoula Texting While Driving Truck Accident Lawyer. A seasoned truck accident attorney could investigate the cause of the collision and collect all the evidence necessary to help prove your case. Reach out to a knowledgeable attorney to discuss your case.
In a truck accident case, the courts will review the actions of both parties, including the plaintiff and the defendant, to determine liability. For example, the defendant could be held liable because their use of a cellphone, which led to the accident, could have been avoided if they were not distracted. In many situations, the injured claimant may also be held partially liable for damages. Cellphone use by the injured plaintiff at the time of an accident can be a significant issue because the defendant could say that the plaintiff was distracted and not paying attention and could have avoided the accident.
If both parties in an accident were distracted by cellphone use, the degree of their fault would come down to comparative negligence in which each party would be assigned a percentage of fault. Fortunately, even if the injured claimant is 99 percent at fault for the accident, they may still be eligible to recover compensation from the defendant. However, any recovery of damages is reduced by the percentage of fault.
Common and useful evidence used in a texting while driving a truck accident is cell phone records. Authorities can always get the cellphone records of the defendant truck driver, whether it was a company phone or personal one.
Cellphone records will not show that a person was 100 percent distracted, but it will show that the phone was in operation at the time of the accident.
Law enforcement can get consent to see a truck driver’s phone, either by getting consent from the owner of the phone or through a bill of discovery sent to the trucking company. If those two avenues fail, a complaint can be filed and the cell phone records may be obtained through the courts.
Other evidence could come from getting witnesses to testify about whether they saw the truck driver doing at the time of the accident, such as operating a cellphone or other distracted actions. Witnesses are very important to cases as to what they saw the driver doing. This type of witness testimony is not available in every case. The injured party may also be able to describe what the driver was doing and provide any video or audio evidence available.
Truck accidents caused by distracted driving are very common in Pascagoula. The party responsible for the tractor-trailer collision could be held liable for damages. Those who have been injured due to a distracted truck driver should reach to an experienced attorney. A Pascagoula Texting While Driving Truck Accident Lawyer could help you seek compensation for damages such as medical expenses, mental anguish, pain and suffering, lost wages, and loss of enjoyment of life. Schedule a consultation today to discuss your case.