Timeline of cell phone activity leading up to an accident.
Our Digital and Cell Phone Forensics Expert Witness, Scott Greene, was involved in a recent commercial trucking defense case in Texas. The case involved a semi-truck that had slowed at the bottom of a hill for an accident ahead. As the large commercial truck slowed, it stalled and became disabled in the center lane due to a mechanical problem.
The decedent in the case, a driver following behind the semi-truck, crested the hill and, despite having nearly 1000ft of visibility, failed to stop in time to avoid crashing into the back of the truck. This collision caused serious injuries, and ultimately, the driver died at the scene.
Allegations brought forth by the Plaintiffs were numerous. For the defendant driver of the semi-truck, plaintiffs alleged that he failed to operate the 18-wheeler properly, including failing to pay attention to the condition of the vehicle. Other allegations were directed at the carrier and employer of the driver. Those included negligent hiring, inappropriately retaining the driver as an employee, and negligence in entrusting the vehicle to an unfit operator. Further liability was pinned on the manufacturer of the semi-truck, with plaintiffs claiming that the ultimate design was defective and the semi-truck should have never been released to public use.
Our Cell Phone Expert was retained by the defendants in this case to examine the cell phone of the decedent driver to help determine if he was utilizing it at the time of the collision, or immediately prior to it. It was discovered that in the minutes leading up to the crash the driver was sending and receiving text messages, taking photos, and adding to a list application. Some of the text messages sent were to an affair partner, likely complicating the emotional aftermath of the accident. Eight seconds before the airbags deployed, he opened Facebook. His speed 5 seconds before impact was clocked at 68mph.
This discovery indicated that the decedent driver, had he not been using his cell phone, would likely have seen the stalled vehicle in his lane of travel and been able to brake with enough time to either avoid the collision or seriously reduce the speed of impact. While the findings did not completely exonerate the trucking company, which had some liability for the truck breaking down, the confirmation of cell phone usage at the time of the incident meant a significantly smaller amount was awarded to the Plaintiffs in the case.
