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Truck drivers require a special type of license to drive trucks. They are also held to a much higher level of responsibility compared to other drivers. Part of this level of responsibility is not falling into the same bad habits as other drivers, such as texting while driving. If a truck driver gets into an accident as a result of being on their phone, the victim can be held liable in a damage claim.

To learn how to obtain compensation following this type of accident, get in touch with a Charlotte truck collisions involving cellphones lawyer today.

Local Laws Regulating Texting While Driving Truck Accidents

In North Carolina, there are no specific laws regarding texting while driving. However, it is known that distracted driving leads to accidents at a rate that if often higher than drunk driving accidents. Any type of cell phone that causes distracted driving would be considered irresponsible by a court if the driver’s actions led to an accident. However, the use of hands-free devices and speakerphones is encouraged as it reduces the level of distraction using a cellphone.

What Happens if a Plaintiff is Also Found Responsible?

If a plaintiff is found responsible, even one percent responsible, their case would be barred and they would not be able to recover compensation for damages. Any use of a cellphone by the defendant could be shown as potentially negligent. Proving negligence from the actions of the defendant is how the injured person recovers money from an injury case. If the defense is successful in reducing the level of responsibility on their end and is able to pass it on the plaintiff if they were found to be driving their vehicle in a careless manner, the plaintiff would be unlikely in recovering any type of compensation.

Valuable Evidence in a Truck Texting While Driving Accident Case

The evidence in a truck accident claim or a lawsuit involving cellphones is the cellphone itself. An attorney can subpoena the defendant’s cellphone records from their provider to determine whether there was any texting and driving at the time of the accident. Although law enforcement and insurance companies are not permitted to seize the phone record of drivers involved in a truck accident, they could issue subpoenas through the civil courts that gives the courts the right to receive the documents related to the cellphone.

For Help with Filing a Claim, Call Today

Truck accidents tend to produce substantial compensation awards due to the level of property damage seen in these types of cases as well as the severity of injuries. If you have been injured as a result of a truck driver using their phone while driving, you should reach out to an attorney to find out if you are eligible to receive compensation. A Charlotte truck collisions involving cellphones lawyer could take charge over your case to get you the monetary damages you deserve. Schedule a consultation today to learn more.