Commercial truck drivers undergo extensive training to operate their vehicles safely. However, not everyone takes this responsibility as seriously as they should. When a truck driver is distracted by a cell phone, they put everyone else on the road at risk.
If you were injured in a truck accident due to texting and driving, you may have a valid personal injury claim. A Boca Raton texting while driving truck accident lawyer could help you receive the compensation you need to help recover from your injuries. The respected legal team at Kogan & DiSalvo has years of experience fighting for victims’ rights, and we could work on your behalf. Call today to schedule a free consultation.
Florida statute 316.305 is titled the Florida Ban on Texting While Driving Law. This statute states a person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such device for the purpose of non-voice interpersonal communication, including but not limited to communication methods known as texting, emailing, and instant messaging.
Enforcement of this section by state or local law enforcement agencies must be accomplished only as a secondary action when an operator of the motor vehicle has been detained for a suspected violation of another provision of this chapter, specifically chapter 320 or chapter 322. This law is secondary, meaning someone could only be ticketed for a violation of the statute if they are also being pulled over for a primary violation, such as speeding or running a stop sign.
Some prohibited behaviors under the law are texting, using social media, or playing games. Some allowed behaviors under this law are:
As a Boca Raton texting while driving truck accident lawyer might explain, the use of a cell phone by the plaintiff at the time of an accident could impact the injury claim of the plaintiff. If a plaintiff was using their cell phone at the time of an accident, it could negatively impact the injury claim of the plaintiff if it could be argued that the plaintiff was comparatively negligent because they were distracted by using the phone.
Use of the cell phone by the defendant at the time of the accident could also impact the injury claim. If a defendant was using their cell phone at the time of an accident, it could positively impact the injury liability portion of an injured plaintiff’s claim, because the plaintiff could argue that the defendant was distracted by the cell phone use. Just because it is not against the law to talk on a cell phone at the time of an accident does not mean that the information may not be used against the defendant to prove fault.
However, cell phone use does not automatically mean that a person is negligent or caused the collision, however. For example, if both parties were using their cell phones in a rear-end collision, it would be difficult to argue that the plaintiff who was rear-ended caused the collision by using their cell phone.
If the investigation reveals that cell phone use was the cause or a partial cause of a truck accident collision, the attorney would need to gather evidence of the truck driver’s cell phone use. To obtain evidence of cell phone use, the attorney would first send a preservation of evidence letter to the cell phone carrier for the truck driver, requesting that they preserve all of the phone calls and other data around the time of the collision. Thereafter, an attorney would issue a subpoena to the cell phone carrier of the truck driver to obtain all of the records of their cell phone use.
If you were injured in a truck collision caused by texting while driving, you may be eligible for compensation. A Boca Raton texting while driving truck accident lawyer from Kogan & DiSalvo could help you hold the other driver accountable for your pain and suffering. Get in touch with our legal team today to talk about your options.
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