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Colorado Injury Firm

Lakewood Truck Accidents Involving Cell Phones/Texting While Driving

As soon as an individual gets behind the wheel of a vehicle, they are required to operate their vehicle in a safe and responsible manner. This responsibility is even greater for truck drivers, as they are held to a higher standard in comparison to other civilian drivers. In the event a truck driver was using their cell phone at the time of the accident, they and their employer could be held liable for monetary damages.

For more insight regarding Lakewood truck accidents involving cell phones/texting while driving, get in touch with a knowledgeable attorney who could aide you in your recovery.

Local Laws Regulating Cell Phone Usage While Driving

For most Colorado drivers, there are no restrictions regarding talking on the cell phone while driving. However, if the driver is under the age of 18, Colorado law prohibits the use of a cell phone while operating a vehicle. There are also no exceptions for drivers under the age 18 to use hands-free or voice-operated technologies. However, it is important to know that drivers are not allowed to use a wireless phone for text messaging while operating a motor vehicle.

How Could Use of a Cellphone by the Plaintiff Impact a Claim?

Since Colorado follows the comparative negligence doctrine, if both the plaintiff and the defendant share fault in an accident, the plaintiff’s compensation award would be reduced for the percentage for which they are at-fault for. However, if it is found that the plaintiff’s share of negligence exceeds a percentage of 50%, they would be barred from recovering compensation for their accident.

Using a cell phone while driving a car or a truck could obviously lead to serious injuries, but it could also leave the victim in serious legal implications regarding the monetary damages owed to them if they were also found using their phone at the time of the accident.

What Could Happen if the At-Fault Party is Found to Have Used their Cell Phone?

When the use of cell phones come into play in a truck accident case, one of the first things that should be investigated is whether the at-fault party was using a cell phone at the time of the accident. If it is discovered that the defendant was on their phone in the moments leading up to the collision, it is likely that the plaintiff would be able to obtain compensation for the collision. To do so, however, would require significant evidence indicating the defendant’s explicit use of their cell phone led to the victim’s injuries.

Effective Evidence that Should Be Used in a Cell Phone Truck Accident Case

Cell phone records are easily discoverable, which means they can be obtained by both parties to an accident and cell phone records are frequently used during the trials regarding the negligent cause of a motor vehicle accident. These records can include the use of texting, use of navigation apps, use of cell phone for cell phone conversations, and use of games or other apps as bizarre as that may sound. As a result, the plaintiff with the help of their truck accident attorney in Lakewood, should make it a priority to obtain the cell phone records of the defendant.

For Help with Filing a Claim, Contact an Attorney Today

Truck accidents tend to result in severe injuries and damages. As a result, victims should leave no stone unturned in making sure that the responsible truck driver is held accountable in the event of an accident. Since Lakewood truck accidents involving cell phones tend to result in significant compensation for the plaintiff, victims should make sure to get in touch with a professional attorney for help with filing a claim. If you have been involved in such an accident, be sure to reach out to one of our skilled lawyers today.

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