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How Do I Find Out if a Trucker Who Caused a Crash Was on their Cell Phone?

Using a cell phone when you’re driving, and your car is in motion is a form of distracted driving. According to the National Safety Council, in 2017, 3,242 people in the United States died in distracted driving accidents, and in 2018, another 2,841 died in them. Nearly 600,000 cell phone related accidents occurred in each of those years, and it’s estimated that more than 350,000 people were injured in them. About 25% of all accidents in the United States are believed to be the result of cell phone use.

When a 70 foot long and 80,000 pound semi-trailer is at highway speed, and the driver of that big rig is using a cell phone, that driver is jeopardizing the safety of everybody around that truck and trailer. According to the National Highway Transportation Safety Administration, this is especially true if the truck driver was texting while driving. It’s noted to be the most dangerous form of distracted driving.

Cell Law on Cell Phone Use by Truckers in California

As per California law, the general rule is that it’s illegal for any driver to use a handheld phone other than in the event of an emergency. Truck drivers should be far more concerned about the issue under federal law though. Fines for an interstate trucker can be in excess of $2,000. If you were injured or lost a loved one in an accident that you believe was caused by a truck driver who was using a cell phone anywhere in California, contact our California truck accident attorney at Maison Law to arrange for a free consultation and case evaluation. There are ways of determining whether the truck driver’s use of a cell phone contributed to the accident. The issue isn’t necessarily whether the driver was using a hands-free cellular device. What’s important is whether the driver was inattentive when operating the truck at the time of the crash. That could even involve watching a movie or sports while driving.

Proving that a Driver was Using a Cellular Device

The strongest evidence pointing to cell phone use by a truck driver when a crash occurred is the cell phone record of usage on the date and time of the crash. It’s unlikely that the driver will admit to cell phone usage when the crash occurred or authorize procurement of their cellular service provider’s record in an insurance claim though. A lawsuit must be filed, and a subpoena must be directed to and served on the company that the driver subscribed to. Then, a provider’s refusal to produce the record will be unlikely. The only issue is when the service provider acts on the subpoena. For example, a subpoena to produce appropriate records within 28 days could turn into months because of all of the subpoenas issued and served on that provider for records related to suspected drug distribution and activities. Aside from properly issuing and serving the subpoena, our experienced California truck accident lawyer at Maison Law will know how to eventually obtain the records sought.

Contact a California Truck Accident Lawyer.

If you were injured, or if you lost a loved one in an accident that you believe was caused by a truck driver who was using a cellular device at the time of the crash, contact our California truck accident lawyer here at Maison Law for that free consultation and case review. We’ll be pleased to answer your questions and advise you how to proceed on this and other legal issues regarding your accident and losses.

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