Long Island Truck Accidents Involving Cellphones Lawyer
Truck drivers are held to a higher standard than others on the road because of the serious a crash involving their vehicle could cause. When these truckers cause accidents while on their phone, they are liable for any compensation they owe victims. However, obtaining that compensation is often arduous and filled with legal rigor. Instead of burdening yourself with courts, let a Long Island truck accidents involving cellphones lawyer represent your interests in court. Reach out to an attorney today.
How Long Island Regards Cell Phone Usage Behind the Wheel
Under Long Island law, a person cannot use a cellphone while driving. They can only use phones that they do not have to hold. Commonly known as a “hands-free” device, drivers may use these devices to communicate on the phone. However, if they were to pick up the phone while they are operating the vehicle, that would constitute negligence if by doing so they were to crash. Incidentally, if the victim of a crash was found to have been using a cell phone at the time that they wrecked, then they could be barred from bringing a legal claim as the defense would argue that it was their usage of their phone that caused the wreck.
However, if both parties were found to have used their phones improperly at the time of the wreck, then under comparative fault rules, a victim’s compensation would be reduced based on their ascribed percentage of fault.
Evidence Needed for a Long Island Truck Accident Involving Cellphones
The evidence needed in a truck accident claim or suit involving cellphones includes a police report, witness statements, inspection of the truck, inspection of the car, and cellphone records. Cellphone records confirm one way or the other whether somebody was talking at the time of the accident and who they were talking to. Unfortunately, most people do not want to give their cellphone records that easily and often require victims to obtain a court order in getting those types of records. In situations like these, it could be beneficial to work with a Long Island truck accidents involving cellphones lawyer.
Court Orders for Cellphone Records and Insurance Companies
In many cases, defense attorneys require victims to obtain a court order to access a wrongdoer’s cellphone records. However, there are times where an insurance company could simply ask someone for a release which grants a victim access to a wrongdoer’s records at the time of the wreck. However, this does not frequently happen, wrongdoers do not want to release that type of thing without a judge requiring the phone company to turn over those records.
Talk to a Legal Representative Who Could Help
The rules of the road include the use of cellphones. When a driver disregards these rules and uses their phone without any regard for the safety of others, they are liable for any accidents that occur because of their choice. If you were harmed because of a driver’s decision to talk on their phone while behind the wheel of a truck, then you need the help of a Long Island truck accidents involving cellphones lawyer.
A seasoned attorney could hold your best interests at heart and pursue a claim against the negligent parties. Contact an attorney today to begin your initial consultation.