Truck accidents caused by cellphone use are common. For example, if a truck driver is traveling at 70 miles per hour, and they look down at their phone for just a brief moment, they are not paying attention to traffic conditions which could cause a severe collision. A distracted driver could cause a devastating accident as well as significant injuries and damages. When a distracted truck driver causes an accident, they could be held liable in court.
If you or a loved one were injured due to a distracted tractor-trailer driver, a seasoned truck accident attorney could help your case. An experienced Columbia, MO texting while driving truck accident lawyer could investigate your collision and help you seek compensation. Our diligent legal team at the A.W. Smith Law Firm has decades of experience helping injured individuals seek compensation for their damages.
In the state of Missouri, Missouri bans those who are under the age of 21 from texting and driving. The behaviors that are explicitly prohibited when a person is operating a motor vehicle include consuming alcohol or intoxicants and consuming illegal substances. Motorists are prohibited from operating a motor vehicle in a careless and imprudent manner, exceeding the speed limit, sending and receiving text messages, and doing anything on a person’s mobile device that would distract them on the road in front of them. Drivers are allowed to use Bluetooth, which is a hands-free operation in speaking, but that is to make sure a person is attentive to the roadway in front of them.
The use of a cellphone by the defendant at the time of the accident can make it an aggravating circumstance. Their sheer inattentiveness may add value to the claim. It also clarifies liability on the part of the defendant.
The use of a cellphone by the plaintiff at the time of the accident can increase their comparative fault. This means that the plaintiff could be partially liable for an accident. A skilled Columbia texting while driving truck accident lawyer could fight against allegations of comparative fault.
The injury claim can be impacted if both the injured party and the at-fault driver were found to be using their cellphones at the time of the accident. It can bring the issue of liability more in question because if both the plaintiff and the defendant are using their cellphones, then both were being inattentive. Both were failing to operate their motor vehicles with the highest degree of care, so the issue of who caused and contributed to causing the collision becomes a little vaguer.
In a truck accident claim involving a distracted driver, the evidence that needs to be obtained to prove negligence includes cellphone records. A person can often find out if a person was speaking on their cellphones or perhaps texting based upon cellular phone bills. The cellphone itself can sometimes be examined to find out a person was on social media at the time of the collision.
When a distracted truck driver causes an accident, they could be held liable in court. They may be required to pay the plaintiff compensation for damages such as medical expenses, pain and suffering, mental anguish, and loss of enjoyment of life.
If you have been injured in a tractor-trailer collision due to a negligent driver, you do not need to handle your case alone. Let the attorneys at the A.W. Smith Law Firm help you seek compensation for your damages. Call today to learn more about how a Columbia texting while driving truck accident lawyer could help your case.
© The A.W. Smith Law Firm, P.C. 2024. All rights reserved.
