Determining Fault in Arlington Texting While Trucking Accidents
The aftermath of a truck wreck can be severe. Not only are you healing from your injuries, but you might also have to pay expensive medical bills, miss work, and feel emotionally overwhelmed. Determining fault in Arlington texting while trucking accidents is essential to your recovery.
Recruit a trucking collision attorney to defend your rights and ensure you get the best possible compensation for your injuries.
Establishing Fault in Big Rig Wrecks Caused by Someone Texting
One of the many factors that can change the outcome of a case is determining who, if anyone, was on their phone at the time of the wreck. An Arlington attorney familiar with texting and trucking accidents could help establish who is liable in a case like this.
The Trucker Was on Their Phone
Cell phone records from the defendant can establish if they were on the phone and even determine if they were texting or having a conversation. This could further a case in showing that a driver was negligent because they were inattentive while operating their big rig. If the defendant was on their phone and it can be proven, which helps the tangibility of the plaintiff’s case.
The Plaintiff Was on Their Phone
If the plaintiff was on their phone at the time of the collision, it is not necessarily a barrier to having a successful claim. As long as the plaintiff is not deemed to be more than 51 percent at-fault for the crash, then they could still recover damages.
For instance, if it was established that because the plaintiff was on the cell phone, they were 20 percent responsible for the crash, then their damages would be reduced by 20 percent. If they were claiming $100,000, then they would only receive $80,000 due to the comparative fault.
Both Parties Were on Their Phones
If both drivers were on their cell phones at the time of the crash, it becomes more complicated. An experienced Arlington attorney familiar with truck collisions involving cell phones could establish who was primarily responsible for the accident. Because of this, it is important to recruit an experienced texting while driving 18-wheeler wreck attorney to protect the rights and interests of the plaintiff.
Using Evidence to Determine Liability in a Texting and Trucking Crash
A skilled attorney could subpoena the defendant’s phone records and use them as evidence to establish that the defendant was liable. If the defendant does not willfully produce phone records after a case is filed, that could give reason for the prosecution to have those subpoenaed. A tactful Arlington attorney could guide a claimant through retrieving evidence to determine fault in their texting and trucking accident claim.
To seize the evidence and collect the data on a cell phone, law enforcement might need a search warrant, subpoena, or another type of order. Once acquired, forensic downloads of the cell phone information are obtained for the insurance companies and law firm.
Steps to Prove Negligence
There are four elements required to prove a negligence claim. These elements are the same no matter what caused the accident and are the following:
- There was a legal duty that the defendant owed the plaintiff
- The defendant breached that duty
- The plaintiff suffered an injury
- The defendant’s breach caused the injury
A skilled texting and driving truck collision attorney could help a claimant prove the four elements for determining negligence in a case like this.
Call an Attorney to Determine Fault in Arlington Texting While Trucking Accidents Today
If you were hurt because a big rig driver chose to be on their cell phone while operating their vehicle, you may have the right to file against them. Determining fault in Arlington texting while trucking accidents could be challenging to do alone.
A well-versed trucking collision attorney is ready to fight for your rights and hold the responsible party accountable. Call today to set up a free consultation.