How to use cell phone and electronic data in a truck accident case:
By now, most people know that using their cell phone while at the wheel is dangerous. When the driver is at the helm of an 80,000 pound truck, the consequences can be catastrophic. Recognizing this, the federal government outlawed its use by truckers several years ago. And yet, it still goes on.
Below, we'll talk about how so many accidents are happening as a result of cell phone use, and what we can do about it. Unfamiliar with truck accident law? Click over to our Guide To Truck Accident Basics for all you'll need to know.
Questions this article will answer:
- Can cell phone data be used as evidence in a truck accident case?
- Is it legal for truck drivers to use cell phones when driving?
- Is it legal for truck drivers to text on a cell phone when driving?
- What cell phone data can be used as evidence in an 18-wheeler accident lawsuit?
Cell phone use, data, and negligence.
Cell phone calls and text messages that are both received from and sent to other people can provide a dearth of evidence to round out our trucking accident lawsuit made on a client's behalf. In recent years, cell phone usage has been one of the most likely distractions for drivers, so it makes sense that they would commonly play a direct role in causing your wreck.
It is safe to say that many, or possibly most truck drivers did not grow up with cellular devices, and as a result never got the chance to master their use. Many younger motorists also overestimate their ability to multitask while driving: they think that they can manage a fast-moving automobile while simultaneously moving at top speeds, eating French fries, and having a conversation on the phone. No one can do that safely. When you apply these distractions to an individual handling a large, heavy big rig, it becomes clear why cell phones are increasingly the cause of negligent accidents.
However, the greatest threat to you could not be a trucker talking on the phone. Rather, it could be due to another phone-related distraction, like texting. Hypothetically, even if a trucker has mastered the art of one-handed driving during phone conversations, no one can do anything that even resembles "safe" texting, nor can they securely take pictures , surf the internet, or download music without seriously distracting themselves.
Granted, this data can be harder to collect and secure than cell phone records, but when available, it is arguably much more damning to the defense's claims against negligence. Anyone who has ever texted using any device, be it a standard phone of virtual keyboard, is aware of the effort involved - effort that ought to be spent paying attention to the road. Should it be proven that the trucker actually was texting right before the accident, this could be a strong case.
Use of this information is pivotal in many cases, but know that actually proving negligence takes strong advocacy. At Grossman Law Offices, we make the best out of the data we obtain: if a call was made mere seconds before the driver became involved in a wreck, then it naturally assists a contention of distracted driving; and if a draft of a sent text was saved minutes before the incident, we can make a very compelling case that the trucker's focus was totally elsewhere. Further, we have even hired distracted-driving experts to explain to the jury just how important not texting/talking/surfing and driving is. The burden of proof may be on us, but the certifiable, proven mistakes of a truck driver will help us along in our task of recovering your damages.
Using cell phone data to contradict a truck driver's claims.
Like many pieces of evidence, we can take advantage of cell phone data when refuting any statements or arguments made by the defense. All too often, claims made by truckers, trucking companies, and even defense attorneys are just flat-out untrue, so you need someone holding their feet to the fire with hardcore data that cannot be argued with.
Additionally, cell phone information has the unique value of identifying witnesses for your claim, who could prove useful in tearing apart a trucking company's contentions. If the person or company found in the records indicates that he, she, or it was a neutral party (i.e., has no interest in the outcome of the case), we could receive another witness for our side of the facts, especially if whoever was on the other side of the line with the trucker heard loud crunching sounds or expletives uttered. Should the witness actually have a vested interest in the trucker or trucking company attaining victory we could still use this person's statements to your advantage, displaying clear contradictions in his or her testimony versus the defendant's statements in deposition, or making it clear in the jury's collective mind that the defense is trying to pull a fast one on them.
As technology marches on, smart phones are receiving more and more applications, many of which could blow your opponent's argument completely out of the water. For instance, let's say that an accident happened at 8:30 PM. Of course, the involved trucker will claim that he or she was not speeding; however, if a trip-routing application had it so that legal driving conditions would be several miles behind where he was at with no stops, it would be apparent that there was at least some inconsistency in the driver's statement. There are even global positioning system (GPS) devices available for smart phones nowadays, meaning that there could be verifiable proof of how fast the driver was going in a certain area.
Be that as it may, you need someone capable of explaining all of this to a jury in a clear, concise manner. Our attorneys at Grossman Law Offices are capable of doing just that for your 18-wheeler accident lawsuit. We can make it clear why this information is not only admissible in the case, but what it has to do with us being right and the defense being wrong. We have been winning trucking accident personal injury and wrongful death claims for 25 years. Now that we have this newest technology available, it is just another way for us to continue doing what is necessary to secure financial compensation.
Call Grossman Law Offices now.
Everywhere you look, technology is becoming faster, stronger, sleeker, and smarter. The phone is not immune to this, and is becoming a rapidly more useful device when it comes to putting a lid on the defense's arguments. In other words, the irrefutable evidence offered up by these devices is making it so that the truth can win.
Let the truth of your personal injury claim come out, and employ the services of Grossman Law Offices. On top of our two decades of experience, we have won hundreds of 18-wheeler trucking accident lawsuits just like this, earning our clients serious compensation as a result. So call us today at our toll-free line: (855) 326-0000. Your call will be kept completely private, and without cost.
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