Prince William County Texting While Driving Truck Accident Lawyer

In Virginia, anyone under 18 is not allowed to use their cell phone at all while driving. If a person is over 18, they can use their cell phone while driving. Regardless of age, no one can text while driving. Texting while driving is banned and is considered reckless driving, which is a criminal violation.

It may open a person up to civil liability as well if they injure someone while they were texting while driving. Reckless driving creates a serious problem for people as far as their license is concerned. In many other states, reckless driving is only a traffic offense, which is relatively small and can be dealt with by getting points on their license or having to go to classes to become a better driver. In Virginia, it is a criminal violation that may come with jail time in certain situations. On the civil side of things, the consequences of a texting while driving crash can include extensive property damage and serious injuries. That is why if an individual has been injured in a texting while driving crash, they should consult a Prince William County texting while driving truck accident lawyer that could advocate for them. Speak with an intelligent truck accident attorney today to schedule a consultation.

Common Nature of Texting While Driving Collisions

It is not common for truck accidents in Prince William County to be caused by the use of cell phones. In a lot of accidents in which a cell phone is used, it can be difficult to prove that the person was using their cell phone at the time. The driver would have to admit their cell phone usage or there would have to be proof via the electronic record to show that the driver was sending or receiving a text message at the time that the accident took place. Perhaps it is due to this difficulty, but these types of accidents are rarely reported.

Accidents involving cell phone usage tend to occur in more urban areas, so this type of accident is not a particularly bad problem in Prince William County.

How Can the Plaintiff’s Cell Phone Use Impact the Case

As a Prince William County texting while driving truck accident lawyer could explain, a person is using their cell phone at the time of the accident, even if they are the plaintiff, they could be found to be contributorily negligent. If the judge or jury finds that they are at least one percent responsible for the accident because they were looking at their phone, then they are completely barred from recovering in the case. It is quite difficult to pursue a personal injury claim if the injured driver was even slightly negligent. They are allowed to use their cell phone responsibly while driving if they are over the age of 18, but if the other party can prove that they were acting negligently and are partially responsible for the accident, then they might not be able to recover anything in the case.

Impact of the Defendant’s Use of a Phone on the Case

If the defendant used a cell phone at the time of the accident, that can help the plaintiff’s case significantly because it can show that the defendant was not paying attention. It is very easy to be distracted by a cell phone while driving. If the plaintiff knows that the defendant was on the cell phone when the accident took place, that could be used as evidence that the defendant was not paying attention or was otherwise negligent and caused the accident.

What if Both Parties Were Using Their Phones

If both parties are partially negligent in an accident, the plaintiff can be banned or barred from recovering any damages. For example, if the defendant was drinking and driving, swerving all over the lanes and using a cell phone, that is clear evidence of negligence. However, if the plaintiff also was not paying attention or was on the phone, even though the defendant was much more negligent than the plaintiff, that could bar recovery entirely. Though this may seem unfair, contributory negligence bars plaintiffs from recovery in Virginia.

Evidence in Texting While Driving Cases

In a truck accident claim involved cell phones, a person would need to recover the electronic data from the cell phone to see if the other driver was using the phone at the time of the accident. That kind of information would show if and when a text message was received or sent or if a call was in progress when the accident took place. This is the kind of data that would help a texting while driving truck accident lawyer in Prince William County demonstrate that cell phone use caused the accident.

If a person wants to get the cell phone records of the other driver in Prince William County, the other person would have to consent to releasing their cell phone records. Alternatively, they can send a subpoena to the cell phone company to recover the records. Either the person has to consent or the court has to order that the records be released.

Consulting a Texting While Driving Truck Accident Attorney in Prince William County

Truck accidents can be overwhelming, and it can be difficult to know what your next steps should be, which is why it is important to speak with a Prince William County texting while driving truck accident lawyer. A skilled attorney could examine the existing evidence and help you file a claim. Call today to schedule a consultation.