Liability in Aurora Truck Accidents Involving Cell Phones
In Aurora, distracted driving includes cell phone use as well as putting on makeup, eating, shaving, or doing anything that takes the person’s eyes off of the road. The use of a cell phone in a truck accident can impact whether someone recovers punitive damages or not. Recently, the courts considered it to be a willful and wanton act, so punitive damages could attach. A skilled injury attorney can help you determine liability in Aurora truck accidents involving cell phones when seeking damages for your injuries.
What Happens if both Parties Were Using Cell Phones?
If both parties are considered liable in a Aurora truck accident involving cell phones, the plaintiff’s recoverable damages will be split 50/50. This means each party bears their own responsibility because the accident was caused by their distracted driving.
Liability could be dependent on expert testimony. Specifically, a person who is found partially liable for a commercial vehicle collision involving cell phones should let an attorney hire an accident reconstructionist to offer testimony about how one side is more at fault than the other. Proving the opposing party’s fault for a truck crash caused by cell phone use behind the wheel preserves a claimant’s right to recover the full scope of their damages and accident-related losses.
Necessary Evidence to Recover Damages
Evidence for liability in Aurora truck accidents involving cell phones would include either party’s mobile phone records, cell phone carrier, and cell phone number. The phone would not be taken into possession if there was a question about whether they were on their phone or not. All too often, cell phones end up in a puddle of water, run over, lost or stolen, leading that evidence to be destroyed.
Required Consent to Seize Phone Records
To establish liability in Aurora truck accidents involving cell phones, law enforcement may need to access the parties’ cell phone records. To seize cell phone records, someone must have either the driver’s permission or a court order to access this type of information. To get copies of the cell phone records from the cell phone carrier, like AT&T or Sprint, law enforcement must get permission to subpoena those records if there is sufficient cause.
There was a Supreme Court case in which Apple refused to give law enforcement the ability to unlock an iPhone, and there are still some federal questions about whether the carrier must unlock the phone or whether it is a privacy issue. In a criminal sense, it is self-incrimination, and on the civil side, it could be considered an admission of liability. For these reasons, it is advisable to work with an experienced lawyer when determining liability in an Aurora truck accident involving cell phones. Let our team help protect your rights and interests.
