Why is it important to request cell phone records of the driver of a truck following a Florida truck accident?

Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

This is a very important question to answer. Truck drivers are notorious for driving long distances. With technological advances in the cell phone industry, most often truck drivers are distracted by using their cell phones while driving. Florida law allows for a jury to find a person at fault if they were distracted by their cell phone at the time of the accident. That is why it is absolutely vital for our clients to inform us immediately if they believe the truck driver who struck him or her was using the cell phone at the time of the accident.

In addition, Florida is a comparative fault jurisdiction. This means that a victim’s own fault will reduce the amount of recovery they can collect from the other party. For example if the victim was struck from behind by another vehicle and her case was worth $100,000 but the victim was deemed to be 30% at fault in the accident, then the victim could recover $70,000 of her jury verdict. This is important in truck accident cases because in the event that our client is found to be at fault in the accident, if we can prove that the driver of the truck was talking on his cell phone in the accident then we have a chance of being able to make a monetary recovery for our client, despite the fact that he or she was deemed to be at fault.

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