Carrollton Truck Accidents Involving Cell Phones Lawyer
When a driver uses their cell phone while operating their car, they pose a great risk not only to themselves but to everyone else on the road. This risk only increases when a trucker decides to use their cell phone while driving a large commercial vehicle that can cause a proportionally greater amount of damage in the event of a crash.
No one has a right to text or use their cell phone while driving, but you have a right to be as safe as possible while on the road. If a distracted trucker caused an accident in which you were injured, you should speak with a Carrollton truck accidents involving cell phones lawyer. An experienced truck wreck attorney could review the facts of your case and work with you to hold a negligent driver responsible.
Is a Trucker Liable If They Use Their Cell Phone While Driving?
Truck drivers have a duty to obey traffic laws, drive defensively, and take necessary actions to prevent endangering those around them. When truck drivers use their cell phone or text while driving, they may be breaching this duty. When someone violates the duty of care they owe to the people around them and causes harm as a result, the law considers this person negligent.
If a truck driver texting behind the wheel is found responsible for an accident, their negligence would likely make them liable for the damages they caused. A Carrollton truck accidents involving cell phones/texting while driving attorney could review an injured victim’s case to determine if a truck driver would be considered liable based on their actions leading up to the crash.
Dividing Liability Among Defendants
Depending on the circumstances of an accident, more than one party could be liable for the damages suffered by the plaintiff. A truck wreck involving cell phones lawyer in Carrollton could help an injured plaintiff establish who could be liable for their injuries. Some potential negligent parties may include:
- The truck driver
- The trucking company
- The owner of the truck, if different from the employer
- People who loaded the truck
- Truck part manufacturers
- Entities responsible for road maintenance
A civil court may assign degrees of fault to various parties if they decide that multiple entities are liable in a case. Each liable party would be responsible for paying their share of the total damages to the plaintiff.
Official Code of Georgia §51-12-33 states there is no right of contribution between multiple defendants. If one defendant settles with the plaintiff but others do not, no set-off would be allowed. However, the court may take previous settlements into consideration when determining the remaining defendants’ respective percentages of liability.
Seek Help from a Carrollton Truck Accidents Involving Cell Phones Attorney
Traffic accidents involving commercial trucks have a high potential to cause serious damage due to their size and weight, as well as other factors. If a truck driver is using a cell phone or texting while driving, their chances of causing an accident are even greater.
If you or someone you love was involved in such an accident, a Carrollton truck accidents involving cell phones lawyer could assist you in filing a legal claim for your damages. To receive a consultation on your case, make an appointment today.
