Dorchester Truck Accident Involving Cellphones Lawyer
In Dorchester, truck drivers are prohibited from engaging in distracted driving. A common form of distracted driving is using a cell phone while driving. It is illegal to talk on the phone, text, or use a cell phone in any other way while driving. Truck drivers who use their cell phones are more prone to cause an accident in comparison to drivers who are not distracted. As a result, many truck accidents tend to be severe since the driver cannot slow down before their momentum, leaving victims with serious injuries.
If you suffered significant injuries due to a negligent truck driver using their phone while driving, you may be able to obtain compensation for your damages with the help of a dedicated injury attorney. A Dorchester truck accident involving cellphones lawyer could work with you to obtain the compensation you deserve.
Use of a Cellphone Affecting an Injury Claim
If the plaintiff is found to be using a cellphone at the time of the accident, it may be difficult to prove that the opposing driver is at fault for the accident. This could also potentially decrease the total amount a victim could recover in a case.
If it can be proven that the defendant was using their cellphone at the time of the crash, it is extremely likely that they would be held liable for damages. All drivers have a duty to drive safely, and in the event that their recklessness caused the injury of another person, they should be held accountable for their negligence.
Hands-Off Cellphone Usage
Truck drivers are allowed to speak on the phone via a hands-free device such as built-in car speakers or a Bluetooth headset. Truck drivers are also allowed to look at the GPS in their car, but they are not allowed to dial a number, send a text, or input an address while they are moving on the road.
Issuing Liability When Both Parties Share Fault
In Massachusetts, different negligence percentages are assigned to both the plaintiff and the defendant. A jury or an insurance company may determine that the plaintiff was using their phone at the time of the crash and assign 25 percent of the negligence to the plaintiff. However, the other 75 percent would be assigned to the defendant. This means that the defendant would not pay the full value of the case. With this in mind, it is important to retain the services of a Dorchester truck accident involving cellphones lawyer for help with obtaining full compensation for injuries.
Evidence Necessary for Proving Negligence
In Dorchester, the plaintiff must be able to prove that the at-fault driver was using their cellphone in the moments leading up to or at the time of the accident. In order to meet this objective, a Dorchester truck accident involving cellphones lawyer would try to obtain the other party’s cellphone records, the police report, and any witness testimonies. Possessing this evidence could be the difference between a successful and unsuccessful claim.
Consent Required for Obtaining Cellphone Records
In some cases, a contract already exists in which an insurance company has access to the insured person’s cellphone records. In a lawsuit, the plaintiff may be able to subpoena the phone company for the defendant’s phone records. Once this record is obtained, an attorney could work with a victim to analyze the events that led up to the crash. Truck drivers are held to a higher standard in comparison to other drivers, and if it can be proven that they were distracted by a cellular device, they are more likely to be held liable for their negligence.
Reach out to a Dorchester Truck Wreck Involving Cellphones Attorney Today
In order to file an injury claim of any sort, victims must be prepared to work hard in order to obtain evidence and familiarize themselves with the claims process. However, by retaining the services of a Dorchester truck accident involving cellphones lawyer, you would alleviate yourself the stresses that come with filing a claim. Furthermore, an attorney could help you potentially obtain the maximum amount of compensation you may be entitled to. Schedule a consultation to get started today.