Have you been in an accident with a truck in Austin? Do you suspect the driver was on their phone? You’re not alone.
Many truck accident victims in Austin, TX feel frustrated when they believe a distracted driver caused the accident, especially when it involves large commercial vehicles like trucks.
Proving that the truck driver was using a phone at the time of the crash means you can make your case strong and secure the compensation you deserve with the assistance of a truck accident attorney in Austin.
This guide will help you understand the steps you can take to prove that a truck driver who hit you was distracted by their phone.
Why Proving Phone Use is Important in a Truck Accident Case in Austin
Truck drivers are subject to strict regulations. Federal law prohibits truck drivers from using hand-held phones while driving.
However, just because it’s illegal doesn’t mean it never happens.
When a truck driver is distracted by their phone, the chances of causing a serious accident increase significantly.
Proving that the driver was distracted by their phone can make or break your personal injury case. It allows you to establish negligence and it is a must-have to build a case for getting compensation for medical bills, lost wages, and other damages that you might have suffered.
1. Gathering Evidence at the Scene of the Accident
After a truck accident, the first thing you should do is collect as much evidence as possible.
The more details you can gather, the better it will be for your truck accident claim in Austin. Here’s what to focus on:
- Take Photos: Capture the accident scene, the damage to your vehicle, and any injuries you have. These photos can help demonstrate that the truck driver wasn’t paying attention.
- Witnesses: Speak to anyone who may have seen the accident. Ask them if they noticed the truck driver using their phone before the crash.
- Police Report: Make sure to report the accident to the police. While a police report may not be definitive proof of phone use, it can still support your claim.
2. Cell Phone Records
One of the most effective ways to prove a truck driver was using their phone is by obtaining their cell phone records. However, this isn’t something you can do on your own; you’ll need an Austin truck accident attorney to help you with this.
- Subpoena the Records: Once a lawsuit is filed, your attorney can subpoena the truck driver’s phone records. These records can show whether the driver was texting, making calls, or using apps at the time of the accident.
- Call Logs and Text Messages: These logs can pinpoint exactly when the driver was using their phone. If the records show phone activity at the time of the crash, it’s strong evidence of distraction.
3. Surveillance Footage
Sometimes, the accident scene may have been captured by nearby security cameras or traffic cameras. This footage can provide visual proof that the truck driver was on their phone when the crash happened. Here’s how to proceed in your Austin truck accident case:
- Check for Nearby Cameras: Look for cameras on buildings, traffic lights, or ATMs near the accident site. You can spot the locations.
- Request Footage: Your attorney can request copies of the footage from the camera owners, whether they are private businesses or government entities.
4. Eyewitness Testimony
Eyewitnesses can provide critical support for truck accident claims in Austin. If someone saw the truck driver looking at their phone or not paying attention to the road, their testimony could be valuable.
- Witness Statements: Make sure to gather contact information from any witnesses at the scene of the truck accident in Austin. Their statements can corroborate your claim that the driver was distracted.
- Police Officer’s Report: Sometimes, an Austin Police Department officer may have noticed the truck driver acting distracted. Their report can provide a crucial detail in building your case.
5. Accident Reconstruction Experts
Accident reconstruction experts can help recreate the events leading up to the crash, and their analysis might show that the truck driver was not paying attention.
- Hiring an Expert: An Austin truck accident attorney can work with a reconstruction expert to analyze the crash. The expert will examine skid marks, damage to the vehicles, and other details to determine if distracted driving was likely.
- Reconstruction Report: The expert’s report can be used as evidence to show that the truck driver’s distraction contributed to the accident.
6. Phone Usage Patterns and Forensics
If you can obtain the truck driver’s phone records, a truck accident attorney in Austin can work with a phone forensics expert to analyze them. These experts can interpret technical details, like seemingly cryptic data logs, to prove the driver was using their phone exactly during the accident.
- Time Stamps: Text messages or phone calls just before the crash can show that the driver was distracted.
- GPS Data: Sometimes, the phone’s GPS can show that the truck was speeding or braking late, further supporting the claim of distracted driving.
7. Trucking Company Responsibility in Truck Accidents
In some cases, the trucking company might be held responsible if their policies or oversight contributed to the driver’s distracted behavior.
Truck accident laws in Texas are strict about the responsibilities of trucking companies.
- Company Records: Your attorney can subpoena company records to see if the trucking company allowed or ignored distracted driving behaviors.
- Employer Negligence: If the company failed to enforce federal regulations that prohibit phone use, it might also be liable for the accident.
8. Damages You Can Claim
Once you’ve proven that the truck driver was using their phone and caused the accident, you can seek compensation for various damages:
- Medical Expenses: Hospital bills, ongoing treatment, and any future medical needs.
- Lost Wages: If your injury caused you to miss work, you may claim compensation for your lost income.
- Pain and Suffering: Non-economic damages that compensate for physical pain, emotional distress, and loss of quality of life in your personal injury case.
You may also be able to seek punitive damages in your Austin truck accident case if the driver’s behavior was particularly reckless. Truck accident laws in Texas allow for these additional damages when the driver’s actions were especially negligent.
9. How an Austin Truck Accident Attorney Can Help
Proving a truck driver was using their phone requires gathering evidence, subpoenaing phone records, and possibly hiring experts.
An Austin truck accident attorney can help:
- File the Lawsuit: An attorney can file a lawsuit to get access to phone records and other evidence.
- Subpoena Key Evidence: From cell phone records to company logs, your truck accident attorney in Austin, TX will know how to obtain evidence.
- Work with Experts: Whether it’s accident reconstruction or phone forensics, your personal injury attorney will bring in the right experts to strengthen your case.
- Negotiate for a Fair Settlement: Many truck accident claims in Austin settle out of court. Your attorney will negotiate to ensure you receive fair compensation.