Texting while driving is dangerous and illegal for all motorists, including truck drivers. This negligent behavior increases the risk of devastating accidents. Additionally, truckers can lose their commercial driving licenses for texting while driving.
Despite the dangers of using a cell phone while operating a commercial vehicle, texting while driving truck accidents in Omaha still occur more frequently than they should. If you were in this type of collision, you should meet with an experienced Omaha truck accident lawyer to discuss your legal options.
Cell Phone Laws for Commercial Truck Drivers
Like all other motorists, truckers in Omaha are prohibited from using handheld mobile devices to read, write, or send a text message while driving. Truck operators are considered to be driving even if the vehicle is momentarily stopped in traffic or at a traffic signal.
Truckers are permitted to use hands-free devices for voice communication unless they have to press more than one button to start or end the call. If you suspect that a trucker was texting or using a cell phone when he or she struck you, an Omaha lawyer can help you determine whether you have a valid claim.
Texting and Liability in Truck Wreck Cases
Texting while driving is a clear act of negligence, and any evidence proving the trucker that hit you was texting could strengthen your negligence claim. For example, if a truck operator was texting and ran a red light, resulting in a T-bone crash, he or she might claim the light was green. However, if the jury knows the operator was texting, they will be more likely to believe you when you state that you had the green light.
It is also important to note that trucking companies are responsible for their employees’ actions. Hiring a reckless driver who texts and drives is an act of negligence. A lawyer can help you establish the other person’s fault in your case.
What if Both Parties were Texting?
If you were also texting when you were hit by a distracted trucker, it could significantly impact your claim. The court has the power to decrease your compensation by your percentage of fault. If the court deems you more than 50 percent negligent, you will not recover compensation at all. This is known as comparative negligence.
There are some situations where texting may not impact your claim. If you were using your cell phone at a stoplight when a texting truck driver rear-ended you, that might not have much of an impact on partial fault.
Proving the Other Party was Using a Cell Phone
It can be difficult to prove the other party involved in your accident was on the phone. Simply stating that you saw the other motorist texting may not be enough to convince the court that he or she was actually using the phone.
Identifying witnesses who can verify your claims can strengthen your case. Additionally, a dedicated attorney from Berry Law can help you subpoena the trucker driver’s phone records for your texting accident claim.
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Call to Learn More About Texting While Driving Truck Accidents in Omaha
Texting while driving truck accidents in Omaha are complex. There are several laws governing the trucking industry and drivers’ cell phone use. We do not advise taking on this type of case alone. Call Berry Law today to schedule a free consultation.
