Atlanta truck accidents involving cell phones have become more prevalent in recent years. With the increase in the dependency of cell phones, more and more drivers are being distracted whilst on the road.
If you have been involved in a truck collision, contact a truck accident lawyer immediately. A distinguished attorney could help you receive the justice you deserve.
Georgia Cell Phone Driving Laws
Due to the prevalence of car accidents and Atlanta truck accidents involving cell phones, Georgia has a new law that prohibits holding a cellphone while driving. As of July 2018, the law prohibits holding or supporting a mobile phone while driving. It is estimated that if enforced and applied, the law may reduce the number of traffic deaths on Georgia roads by up to 250 per year. In 2017, more than 1,500 people died on Georgia roads.
Hands-Free Device and Speakerphones
In a heavy truck or federally regulated commercial motor vehicle, regulations allowing for very limited use of a hands-free device or speakerphone are already in place. Truck drivers cannot use hands-free devices or Bluetooth unless they can initiate or answer the call with only one touch. If a call involves reaching, turning the phone on, or hitting the home button, or navigating to an address book, a truck driver should not use their phone.
How to Prove Driver Was Distracted
Sometimes Atlanta truck accidents involving cell phones are difficult to prove. However, in most cases, if a petitioning party wants to determine whether a driver was distracted before an accident, they can look into their cell phone records. Cell phone records can indicate whether a call or text was made and if it was made before an accident occurred. If a record is not available, steps can be taken by forensic experts who can explore if, when, and how the phone was being used before a crash.
Is Consent Needed to View Phone Records?
Consent is not always needed to view phone records. There are several parties that can view a truck drivers phone record after a crash, these include law enforcement, attorneys, and truck companies.
In terms of law enforcement, police can view a truck drivers cell phone record by obtaining a warrant. In civil cases, the attorney has subpoena power and the ability to request records through discovery. Finally, most trucking companies reserve the right to receive or review their employee’s cell phone records after a crash. Especially since most trucking companies provide own the work phones that their employees use.
Contacting an Atlanta Truck Accident Attorney
Atlanta truck accidents involving cell phones are devastating. These are incidents which could have been avoided if the other driver simply adhered to road laws and paid attention while driving. If you have been impacted or injured by such a crash, contact a truck accident attorney immediately.
Local truck accident lawyers are dedicated to examining evidence, analyzing cases, and trying to determine what types of compensation an individual could receive. You deserve to be compensated for your pain and suffering.