What If a Truck Driver Was on Their Phone Before a Crash?

The dangers of distracted driving are well known. This is why texting and other forms of handheld cell phone use behind the wheel are prohibited under Arkansas law. Texting behind the wheel of a large commercial truck is especially dangerous, as these vehicles are harder to control and take longer to stop than ordinary cars, pickup trucks, and SUVs.

Unfortunately, this does not stop many truck drivers from using their phones when they shouldn’t.

If you were injured (or a loved one was seriously injured or killed) in a commercial truck accident and the truck driver was on their phone before the crash, you have clear legal rights. Distracted driving is negligent driving—and distracted truck drivers and their employers can (and should) be held accountable.

Filing a Claim After a Distracted Driving Truck Accident in Arkansas

Let’s say you have a claim for a truck accident that was caused by a driver who was on their phone. What do you need to know? Here are five important facts for victims and family members in this scenario:

1. You Have the Right to Prove the Truck Driver Was On Their Phone

First and foremost, you have the right to prove the truck driver was on their phone. If you have a claim for financial compensation, you are entitled to access the evidence you need to prove your legal rights. This includes accessing the truck driver’s cell phone records.

In addition to issuing a subpoena to the truck driver’s cell phone company, your lawyer can seek to gather other evidence that proves the truck driver was on their phone before the crash. For example, if the truck driver was posting or commenting on social media, the driver’s posts or comments could serve as clear evidence of liability.

2. Proving the Truck Driver Was Distracted Is Enough to Establish Liability

As we said above, distracted driving is negligent driving. This means that if you can prove the truck driver was distracted, this should be all you need to establish a claim for damages. Under Arkansas law, trucking companies can generally be held liable for their drivers’ negligence on the job—so, in most cases, proving that a truck driver was on their phone before a crash will be enough to seek to hold the trucking company accountable.

3. You Might Not Need to Prove the Truck Driver Was Distracted to Seek Just Compensation

The reason why distracted driving is so dangerous is that it leads to other mistakes behind the wheel. Running red lights and stop signs, rear-ending other vehicles, and drifting into other drivers’ lanes are all common consequences of using a cell phone while driving.

They are also forms of negligence on their own.

As a result, while proving the truck driver was distracted may be one option for seeking financial compensation, it may not be the only option you have available. If there is evidence to support a claim for liability on other grounds, you may be able to file a successful claim even if you can’t prove the truck driver was on their phone.

4. Determining What Evidence Is Available Requires a Prompt and Thorough Investigation

In all scenarios, determining what evidence is available requires a prompt and thorough investigation. With this in mind, to help maximize your chances of recovering just compensation for the accident, you should contact an experienced truck accident lawyer promptly. The longer you wait, the more difficult it could become to gather the evidence you need.

5. Proving Liability and Calculating Your Losses Requires Experienced Legal Representation

From obtaining the truck driver’s cell phone records to calculating the losses you are entitled to recover, all aspects of filing a truck accident claim require experienced legal representation. In this scenario, hiring a lawyer costs nothing out-of-pocket. Once you hire a lawyer to represent you, your lawyer will be able to open an investigation right away, and your lawyer will be able to work with you to determine what constitutes “just” compensation for your present and future accident-related losses.

Speak with an Experienced Rogers Truck Accident Lawyer for Free

If you need to know more about filing a claim for a truck accident involving a distracted (or potentially distracted) truck driver, we strongly encourage you to contact us today.

To speak with an experienced Rogers truck accident lawyer about your case for free, call (479) 202-5200 or tell us how we can reach you online now.