Cell Phone Car Accident Attorney

Believe it or not, there are more cell phones in the U.S. 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. These devices are attached to the heads and fingers of their owners and, unfortunately, this activity does not stop even when users are driving a vehicle. Rosenfeld Injury Lawyers represents people injured in Chicago auto accidents involving cell phone use.

According to the National Safety Council (NSC), the use of cell phones has become a treacherous distraction for drivers. Even with laws being enacted to prevent cell phone usage while driving, there are more and more auto accidents being linked to their usage.

• NSC estimates that 11% of drivers at any given time are using their cell phone while driving.
• In 2011, 1.3 million accidents were attributed to cell phone usage, making up 23% of all car accidents.
• The Center For Disease Control claims that 1,000 lives were lost and 24,000 people were injured in auto accidents in 2009 due to cell phone usage.

Not all states have laws that ban cell phone usage. Only 10 states have laws banning using a hand held phone while driving, 39 states have bans on texting while driving. Illinois has partial bans on using a hand held phone to talk and a complete ban on texting while driving. The law states:

(e) A person, regardless of age, may not 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 car accident visit our page here.  Similarly, there is a Federal ban on cellular phone use by commercial truck drivers.

Often times it takes an investigation on the part of the police or legal representation to find out that the driver who caused an accident was using a cell phone. Drivers may not readily admit that they were on the phone or texting, but phone records can prove this was the case, as well as testimony from witnesses. Our car accident attorneys regularly subpoena cell phone records from defendant drivers to aide in proving liability in motor vehicle accidents.

If you have been the victim of a car accident and know or suspect that the other driver was negligently 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. Rosenfeld Injury Lawyers are experienced in handling Chicago cell phone auto accident cases and can work with you to get the best possible financial award for losses and injuries. Our experts understand the laws and regulations pertaining to cell phone usage and driving and will use this knowledge to win your case. Please meet with us to discuss your case, with no fee to you unless we are able to obtain financial compensation for your accident-related injuries. Please contact us for a free, no obligation consultation here.

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

http://www.nsc.org/Pages/NSCestimates16millioncrashescausedbydriversusingcellphonesandtexting.aspx

http://www.cdc.gov/motorvehiclesafety/distracted_driving/index.html