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Cell Phone Car Accident Lawyers: Chicago, Illinois

cell-phone-car-accidentsThere are more cell phones in the United States than there are people. As of June 2012, there were 321.7 million cell phone subscribers, far surpassing the 2011 census data of 310 million people in the U.S.

Most smartphone owners are addicted to using the device even when driving a vehicle. Unfortunately, many horrific car accidents result from driving while distracted while texting, talking on the phone, or reading an email.

Hiring an Illinois Smartphone Vehicle Accident Attorney can Help

The Chicago car accident attorneys at Rosenfeld Injury Lawyers LLC represent people injured in Chicago auto accidents involving cell phone use. Our attorneys currently represent clients throughout Illinois and the Chicago area, including Cook County, DuPage County, Kane County, Lake County, Will County, Aurora, Elgin, Naperville, and Schaumburg.

Cell Phone car Accident FAQs

How Many Deaths From Texting and Driving in 2019?

The National Highway Traffic Safety Administration (NHTSA) revealed that in 2019, more than 3470 individuals lost their lives, and distracted drivers injured nearly 400,000.

The number of accidents involving distracted drivers rose significantly over the last two decades. Researchers believe that the rise in distracted driving car crashes correlates with the popularity of utilizing smartphone technology.

How do Cell Phones Affect Driving?

Using your cell phone or smartphone while operating a motor vehicle can place your life and the life of passengers and other motorists at risk of harm or death. Using your cell phone to talk or text can decrease your awareness and lead to an unexpected vehicle accident.

Statistics maintained by the National Highway Traffic Safety Administration (NHTSA) revealed that motorists texting while driving increases their likelihood of being involved in a car crash by twenty-three times.

What Happens if You Cause an Accident While Texting?

According to the National Safety Council, texting while driving can cause minor to severe personal injury damages that result in extensive medical bills, out of pocket costs, time away from work, pain, and suffering. If you are found at fault for causing the accident, you could be held legally liable.

Every injured victim with property damage or injury could file a civil claim against you and your insurance company seeking financial compensation. Also, surviving family members who lost a loved one due to your reckless behavior could seek compensation through a wrongful death lawsuit.

Why is Texting While Driving Dangerous?

Texting and talking on a smartphone are the most life-threatening forms of driving while distracted, resulting in personal injury and wrongful death. Distracted drivers reading or sending a text message while driving at 55 miles an hour can travel more than the length of a football field.

Some local communities have banned electronic devices used inside the vehicle, except for hands-free and Bluetooth devices. However, their efforts have only minimally decreased the number of car accident cases in their community every year.

Who Texts and Drives the Most?

The Pew report revealed that young adults between eighteen to thirty-four years of age have the most reported distracted driving events in the United States every year. Nearly one out of every four adults in America have admitted that they texted while driving at some point in their life.

Reports released by law enforcement indicate that texting while driving is significantly more dangerous when a teenager is behind the wheel. Teens nineteen years old and younger have far less experience operating cars and trucks than older adults.

How Much Does Using a Cell Phone While Driving Increase Your Risk of Having an Accident?

A study by the National Safety Council reveals that texting while driving is four times more likely to cause an automobile accident than not using your cell phone. Texting while driving, even on hands-free devices and Bluetooth cell phones, can cause accidents if the motorist is distracted for more than a moment.

Prevalence of Cell Phone Auto Accidents

According to the National Safety Council (NSC), cell phones have become a dangerous distraction for drivers. More auto accidents than ever before are linked to smartphone usage, even with newly enacted laws to prevent cell phone usage while driving.

  • The NSC estimates that eleven percent of drivers at any given time are using their cell phones while driving.
  • In 2011, 1.3 million accidents were attributed to cell phone usage, making up twenty-three percent of all car accidents.
  • The Center For Disease Control and Prevention (CDC) claims that a thousand lives are lost every year, and tens of thousands of victims are injured annually in auto accidents due to cell phone usage.

State Laws on Cell Phone Usage

Not every American state has enacted laws that ban cell phone usage. Only ten states have laws banning using a handheld phone while driving, and thirty-nine states have bans on texting while driving.

Illinois has partial bans on using a handheld phone to talk and a complete ban on texting while driving. The law states:

"(e) A person, regardless of age, maynot use a wireless telephone at any time while operating a motor vehicle on a roadway in a school speed zone established under Section 11-605, on a highway in a construction or maintenance speed zone established under Section 11-605.1, or within 500 feet of an emergency scene. As used in this Section, "emergency scene" means a location where an authorized emergency vehicle, as defined by Section 1-105 of this Code, is present and has activated its oscillating, rotating, or flashing lights.

This subsection (e) does not apply to (i) a person engaged in a highway construction or maintenance project for which a construction or maintenance speed zone has been established under Section 11-605.1, (ii) a person using a wireless telephone for emergency purposes, including, but not limited to, law enforcement agency, health care provider, fire department, or other emergency services agency or entity, (iii) a law enforcement officer or operator of an emergency vehicle when performing the officer's or operator's official duties, (iv) a person using a wireless telephone in voice-operated mode, or (v) a person using an electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation.
(Source: P.A. 96-131, eff. 1-1-10; 97-828, eff. 7-20-12.)”

For more information regarding the correlation between cell phone use and a car accident, visit our page here. Similarly, there is a Federal ban on cellular phone use by commercial truck drivers.

Proving Liability in an Illinois Cell Phone Automobile Accident

Often, it takes a police inquiry or independent legal investigation to determine that the driver who caused an accident was using a cell phone. Motorists might not readily admit that they were on the phone or texting, but testimony from witnesses or phone records can prove this to be true.

Our car accident attorneys regularly subpoena cell phone records from defendant drivers to prove civil liability in motor vehicle accidents.

Attorneys Representing People Involved in Accidents Caused by Drivers on Cell Phones

If you are the victim of a car accident know or suspect that the negligent driver was using their cell phone, either before or at the time of the collision, you need a legal team who can help you prove your case.

The experienced Chicago personal injury lawyers at Rosenfeld Injury Lawyers LLC handle Chicago cell phone auto accident cases and can work with you too. Our law office understands the tort laws and regulations about cell phone usage and driving and will use this knowledge to win your case.

Please meet with us to discuss your compensation claim. There is no fee to you unless we can obtain financial compensation for your serious injuries. Contact our law firm at (888) 424-5757 (toll-free phone call) to schedule a no-obligation free consultation.

Our injury attorneys use Illinois law to successfully resolve distracted driving accidents involving construction zones, drunk driving, and hit-and-run cases.

Resources related to cell phones and auto accidents and applicable laws:

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Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
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Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
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Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa