Cell Phone Car Accident Lawyers: Chicago, Illinois

There 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

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:

• Distracted Driving