As in the general public, the use of cellphones while driving is a danger. Federal law prohibits these cellphones while driving a tractor-trailer.  Florida law does not prohibit the use of cellphones while driving, meaning that other motorists are permitted to use cellphones while driving, which can lead distracted driving. Distracted driving can lead to an increase in Palm Beach Gardens truck accidents involving cellphones. If you have been involved in a cellphone-related truck accident, consult a knowledgeable truck accident attorney that could help.

Laws on Texting and Driving

Florida has a ban on texting while driving, however, enforcement can only be accomplished as a secondary action. This means, when the driver has been pulled over for another violation such as speeding, and are discovered to also be texting, they can be fined. Distracted driving while engaging in cellphone use can lead to the failure to use due care, which is a violation of law in the operation of a motor vehicle. Furthermore, that failure to use due care could also result in Palm Beach Gardens truck accidents involving cellphones.

How a Defendant’s Cellphone Use Can Impact the Case

The use of a cellphone by the defendant at the time of the accident would be evidence that the defendant was failing to use due care and was distracted, and, therefore, the accident was caused as a result of the defendant’s negligence. That would support the plaintiff’s claim that the defendant was responsible for causing the plaintiff’s injuries and damages.

Impact of a Plaintiff’s Use on the Case

If the plaintiff is using a cellphone at the time of the accident, that is going to lead to a claim of fault or comparative fault against the plaintiff. Ultimately, it could lead to the plaintiff being found responsible for causing the collision and, at the very least, comparatively at fault for causing the collision.

 

If both parties were using their cellphones at the time of the accident, they would likely be found to share responsibility for the accident, which would result in a lowering of the recovery or a decrease in the recovery for a plaintiff.

Evidence in Truck Accident Cases Involving Cellphones

InPalm Beach Gardens truck accidents involving cellphones, the plaintiff’s attorney would want to request any and all cellphone records, request texting records and take possession on the cellphone for forensic examination to determine the use of the phone around the time of the accident.

When it comes to a civil case, there are instances in which law enforcement and/or insurance companies could take possession of a cellphone, in order to seize phone records. That would be a determination by a judge based on need and availability to obtain the information from other sources versus privacy rights.

Value of a Palm Beach Gardens Truck Accident Attorney

As technology increasingly becomes a vital part of people’s lives, it can become difficult to unplug and pay attention to your surroundings. Palm Beach Gardens truck accidents involving cellphones often occur because people do not realize that all it takes is one moment of not paying attention, to cause great harm to another. If you have been injured in a truck accident involving cellphones, speak with a knowledgeable attorney that could advocate for you.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260