Atlanta truck accidents are devastating, especially when they are caused by a truck driver’s negligence. With the increase in the use of cellphones, it is not uncommon for truck collisions to occur. Cell phone calls are a known source of potential distraction. Any text message or call that is sent while the truck is moving is illegal under the federal regulations and Georgia law.
Individuals who have been impacted by such accidents generally suffer losses in the form of medical bills, lost wages, and pain and suffering. If you are trying to determine liability in Atlanta truck accidents involving cell phones, contact a truck accident attorney immediately. An experienced lawyer could help you receive the compensation you deserve.
In Georgia, drivers are expected to keep a lookout and pay attention as they drive. When a cell phone is in use by either driver, the other party may try to argue that the person on the phone should be held at fault for some percentage. However, there must be proof that being on the phone caused the crash.
How Do You Determine Comparative Negligence?
The jury determines liability in Atlanta truck accidents involving cell phones. Even if an accident was not caused by a cell phone, it is always the jury who establishes the extent to which each party is at fault. If a plaintiff is at fault less than 50 percent, the other party will be held responsible. However, if the plaintiff is at fault for the accident by more 50 percent by the plaintiff, they will lose the case entirely.
Some argue that if a plaintiff was using Bluetooth before the crash, they were not being negligent. However, studies do show that any use of the cell phone by the driver is potentially distracting. If these studies are shown to the jury, they could make the argument that Bluetooth played a role in the accident.
Evidence of Negligence
In order to determine liability in Atlanta truck accidents involving cell phones; attorneys must be able to have access to cell phone records. They must have proof that there was an incoming or outgoing call or text message around the time of the accident.
The closer the calls are to the time of the crash, the more relevant they become in terms of proving the crash may be due to cognitive distraction. Getting the actual device preserved to understand its functionality, how the driver was using the cellphone, and whether that use complies with regulations and the trucking company’s cell phone policy is important.
Contacting an Atlanta Truck Accident Attorney
If you are trying to understand liability in Atlanta truck accidents involving cell phones, contact a truck collision attorney. A qualified lawyer could examine any relevant evidence, gain access to phone records, analyze witness testimonies, and try to determine whether or not cell phone usage played a role in the crash. Once liability is established you could be compensated greatly for your pain and suffering. Do not delay your compensation, you deserve to recover from your experience emotionally, physically, and financially. Contact a truck accident attorney today and rest assured that you are in capable hands.