Tennessee law allows a driver to touch his cell phone one time when making or receiving a call. This means that making a phone call that requires entering numbers, surfing the internet, and texting while driving is illegal.
The cell phone use laws apply to all drivers, whether novice or experienced. If you or someone you love has been in a wreck resulting from another driver’s cell phone use, a Memphis texting while driving accident lawyer could help you hold them accountable for their negligence. Seasoned accident attorney David E. Gordon is ready to assist you in recovering the compensation you deserve.
What if the Plaintiff Was Using Their Phone at the Time of the Accident?
Plaintiffs who were using their own cell phone at the time they were hit may be unsure about how to move forward with recovering damages. However, the cell phone use itself is not what automatically makes someone at fault for a resulting accident. The fault lies in the failure to devote time and attention to the roadway.
While an injured person who was operating his or her cell phone at the time of the accident may be found partially at fault, if the plaintiff was, for example, sitting at a red traffic signal and the cell phone use had nothing to do with the accident, that action will not result in liability of the injured person.
If both parties are found to be on their cell phone at the time of the accident, the fault of each party will be compared. It would be necessary to look at whether the use of cell phones was a factor in causing the accident. If the use of a cell phone resulted in a failure to devote full time and attention to the roadway, then that driver’s fault may be greater than it would have been otherwise.
For instance, one driver might be 75% at fault and the plaintiff 25% at fault. Because Tennessee is a comparative fault state, the plaintiff would be able to recover 75% of the damages. However, if they are more than 50% at fault for the accident, they may not be able to receive any compensation whatsoever. After a crash where someone was texting while driving, a Memphis legal representative could help an injured person minimize their fault as to recover the most amount of damages possible.
What Type of Evidence is Needed for Building a Strong Cell Phone Use Case?
To prove the defendant is at-fault for texting while driving and build a strong accident case, Memphis attorney David will need to collect evidence regarding the driver’s cell phone use. However, this information can only be obtained by subpoena. A subpoena is a court-ordered requirement. This means that there must be an existing lawsuit before a subpoena can be issued by the court.
If there is a lawsuit between two drivers, then either driver could request that the court order the production of the cell phone records of the other. The subpoena would then be delivered to the driver’s cell phone company to demand that they provide the person’s record for the particular time period requested.
Collecting Phone Records by Consent
Another way to get the records would be by consent. It is possible for a driver to sign a consent form allowing his cell phone company to provide the records requested. But if a person will not consent, then a court order will be required for the production of a cell phone record.
A Memphis Texting While Driving Attorney Could Handle Your Complicated Case
If you have been injured because another driver negligently used their cellphone when they should have been paying attention to the road, you deserve to have your financial expenses for the accident taken care of. With the help of David E. Gordon, you could recover compensation for the medical expenses you cannot afford because you are unable to work.
Let a Memphis texting while driving accident lawyer to gather documentation and hold the defendant liable for their negligence. To discuss your case, call today and schedule your free consultation.