Roswell Cell Phone Truck Accident Lawyer

Roswell Cell Phone Truck Accident Attorney

Cell phone use behind the wheel is dangerous for anyone. When large commercial truck drivers engage in this behavior, it places countless lives at risk. If you’ve been seriously injured or lost a loved one due to a CDL driver’s texting or other cell phone use, you can work with a Roswell cell phone truck accident lawyer to hold them accountable for their negligence. An experienced attorney can investigate the crash, identify violations of state and federal trucking laws, and pursue the full compensation you need to recover after your accident.

Trust Attorney Stephen LaBriola, LLP

Attorney Stephen LaBriola, LLP, has been in practice for decades. In that time, LaBriola has developed a deep understanding of cell phone truck accident laws and has taken on many complex cases. No matter how serious your injuries were and no matter how complicated the accident was, you can trust this Roswell truck accident lawyer to help you with your cell phone truck accident claim.

Why Hire a Cell Phone Truck Accident Lawyer?

Commercial motor vehicle operators who use cell phones are 23.2 times more likely to be involved in a safety-critical event than those who do not use their phones while driving. That’s a troubling statistic. However, it should come as no surprise, given that the eyes of texting drivers remain off the road for around 4.6 seconds at a time. Dialing mobile phones also increases risk by a factor of six.

If you’ve been injured due to a CDL driver’s cell phone use in Roswell, Georgia, a cell phone truck accident lawyer can help you file a claim against both the driver and the trucking company, allowing you to pursue compensation for medical bills, lost wages, and other damages. It’s important to act promptly, as these claims must be filed within Georgia’s personal injury statute of limitations. When you hire a cell phone truck accident lawyer, they can assist with everything from filing your claim to litigating your case if necessary.

Georgia’s Cell Phone Laws

Under the Hands-Free Georgia Act, drivers are not allowed to use their cell phones while behind the wheel for any reason other than calling for emergency services. There are no exceptions for stop lights. While drivers can make hands-free calls, they cannot use any apps that require touching the screen, even to activate them. These laws apply to all roads, from Oak Street to Holcomb Bridge Road.

Federal Truck Driver Cell Phone Laws

The Federal Motor Carrier Safety Administration also has laws in place governing cell phone use specifically for truckers. Commercial drivers are prohibited from texting while driving, accessing web pages, or pressing more than a single button to initiate a voice communication. Drivers can only operate hands-free devices located in close proximity. They can be fined or even lose their CDLs for multiple violations.

Who’s Responsible for My Accident?

Liability in cell phone-related truck accidents is typically straightforward. The distracted truck driver is usually at fault. However, trucking companies may also be held vicariously liable for their drivers’ actions. As a result, claims are often filed against the company’s insurance policy.

They can include:

• Current and future medical bills
• Lost wages and lost earning capacity
• Property damage to vehicles or their contents
• Emotional distress
• Pain and suffering
• Loss of enjoyment of life

Understanding the full scope of recoverable losses is a key part of building a strong claim for compensation. Your lawyer can help you identify all of the potential damages in your case.

Negligence Per Se

In most cases, accidents resulting from violations of cell phone regulations are negligence per se claims. You won’t have to prove negligence because the driver’s breaking of the law implies it already. They broke a law intended to prevent harm and directly caused the type of harm that the law was intended to prevent.

FAQs

What Is the New Cell Phone Law in Georgia?

The new cell phone law in Georgia is the Hands-Free Georgia Act, or O.C.G.A. 40-6-241. This law makes it illegal to hold a phone while driving for any reason, including talking, texting, or using social media. You can’t use your phone even at red lights, and can’t touch it to activate apps. The exception is reporting emergencies or using fully hands-free functions, such as Bluetooth or speakerphones.

What Is the Maximum Amount a CDL Driver Can Be Fined for Cell Phone Violations?

The maximum amount a CDL driver can be fined for cell phone violations is up to $2,750, according to federal rules, and up to $150, according to the Hands-Free Georgia Act. Federal law also allows a driver’s CDL to be taken away after multiple offenses and mandates that employers must pay fines of up to $11,000.

Is Georgia a No-Fault State for Car Accidents?

Georgia is not a no-fault state for car accidents. It is an at-fault state, which means the driver responsible for causing an accident can be held liable for any damages, and it’s their insurance that pays for medical bills, property damage, and other expenses resulting from the accident. If more than one driver was partially at fault, any of them who were found less than 50% responsible for the accident can recover compensation.

How Many Points Is a Cell Phone Ticket in Georgia?

A first-time cell phone ticket in Georgia is one point. A second violation will add two points to your record, and a third or subsequent offense will add three points if it occurred within a 24-month period. However, the points will only be added to your license if you were caught using a cell phone in a work zone. Otherwise, you’ll only need to pay a fine.

Your Roswell Cell Phone Truck Accident Lawyer

If you’ve been in an accident with a commercial truck driver who was talking on their cell phone at the time, you may be eligible to receive compensation. You can work with a Roswell cell phone truck accident lawyer like Attorney Stephen LaBriola, LLP, to recover damages.

Stephen LaBriola has been in practice for decades, and in that time, he’s developed a reputation for his hard work and effectiveness. You can contact the firm to schedule an initial consultation and learn more about cell phone truck accident laws in Georgia and speak with our Roswell truck accident lawyer.