St. Louis County Truck Accidents Involving Cellphones Lawyer
Due to the sheer size and weight of the average truck or 18 wheeler, truck drivers are required to drive cautiously. Unfortunately, not all truck drivers operate their vehicles in a safe manner. When this occurs, victims of a truck driver’s recklessness, such as texting while driving, should be held accountable. If you were injured in an accident by caused by a distracted truck driver, reach out to a St. Louis County truck accident involving cellphones lawyer today. An experienced attorney could help you with your case.
Laws Regulating Cellphone Usage While Driving
In St. Louis County, there are no rules or laws regulating the use of cellphones while driving for adult. However, individuals that are 21 years or younger are not permitted to send, read, or write electronic messages while driving. This includes text messages, e-mail, and social media.
If it is determined that both parties in a crash were on their cellphones at the time of the accident, this can affect an injury case significantly. However, this depends heavily on who is at fault for the crash and whether the cellphone usage led to the crash in any way. If the plaintiff was deemed at fault, then the amount of recovery can be reduced by the percentage of fault. However, if the defendant was deemed to have been on their phone in the moments leading up to the crash, then the plaintiff may be able to request punitive damages.
Valuable Evidence a Plaintiff Should Present
If a trucking accident in St. Louis County was caused or partially caused by cellphone, the party who is not at fault would need to obtain a variety of evidence to show that the truck driver was on their phone. This can include phone records, witness statements, social media account information, and e-mail account information. This information can typically be obtained through a subpoena in Missouri courts.
Consent for the Release of Phone Records
If a truck driver is involved in a truck accident in St. Louis County and law enforcement wants to obtain the phone record of the driver, then the truck driver and/or the trucking company would need to sign a cellphone record authorization form to release this information. This is not typically something that a truck driver would be willing to sign. When this is the case and if criminal charges are being pursued, then local law enforcement agencies can secure a subpoena to obtain this information.
Reach out to a St. Louis County Truck Accident Involving Cellphones Attorney
When a victim is involved in a truck accident, the probability for sustaining extensive damages is relatively high. Not only could a victim suffer physically, but their finances could also take a significant hit. Luckily, legal recourse is available if you have been injured in such an accident. For more information about the process behind filing a claim, or to get started on an injury claim, schedule an attorney today.