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Does It Matter If The Truck Driver Was On His Cell Phone?

Written by William Strubbe on January 11, 2013

I think it does.

There are several reasons. One is that it even if he comes clean and admits it, it makes him less believable, even if he says the accident wasn’t his fault.

Kind of like the guy who says “Sure, I’d had three beers, but I wasn’t speeding.”

But more than that – if he denies that he was using a cell phone, you can usually prove him wrong. Because you can get his cell phone records in discovery – that is, by asking the truck company for them once suit is filed.

And there are studies that say that using a cell phone while driving makes you more likely to have an accident than if you were drunk. Which might let you make a claim for punitive damages.

At worst, a phone bill showing the trucker was on the phone when the accident happened (a) makes him out to be a liar and (b) proves he was distracted.

So it gives your lawyer something to talk about to the insurance company.

I have been a lawyer over 30 years. If you have been injured in a truck accident in the Cincinnati, Ohio area, call me at 513-621-4775.

Because all situations are different, and because there may be other facts pertaining to your case that I don’t know about, you should not rely on this answer for legal advice. I am not your attorney, and no lawyer client relationship has been formed. All discussions are limited to Ohio law unless otherwise indicated. And past performance cannot be used to predict future results.

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