Texting and talking on the phone remain one of the biggest risks for accidents on the road today. Even though there are technologies that allow you to talk without having to take your hands off the steering wheel, these do not completely eliminate risk and many other individuals continue to use their phone. When an accident occurs, one of your first priorities is to find a seasoned car accident attorney. These cases can be tricky, which is why you should retain a Cook County texting while driving accident lawyer.
In Cook County, it is illegal for a motor vehicle driver to use their phone unless it is hands-free. This means texting is against the law and even holding it in the hand while driving is against the law. Most modern vehicles are equipped with Bluetooth technology, where the device can be used in a hands-free manner.
The law regarding cell phone usage does not make a distinction with regards to the experience of the driver. The rules apply to all licensed drivers. The fact that an individual is a novice driver or a teenager with a permit does not give them any more or less ability to abide by the law.
Many auto accidents in Cook County are the result of cell phone use. Even during hands-free operation, talking or texting on a phone can be a major distraction. In many local crash cases, lawyers are able to prove that the at-fault party was on their phone at the time of the crash, or even texting. Juries will tend to find fault on behalf of an individual who was on a device when an accident occurs.
The first step in every case is proving liability, which simply means proving that someone is at fault. The fact that one or more of the drivers was using a cell phone may also influence the decision as to who has liability.
While there is no law prohibiting cell phone use, provided that it is hands-free, the usage of a cell phone does impact liability. If both parties are using the phone, it may influence the ultimate determination of fault between the parties.
In order to obtain cell phone records after a car wreck, a Cook County lawyer needs a court-issued subpoena and they will not be able to acquire the records unless a lawsuit is filed. After the lawsuit is filed, a subpoena to the phone carrier will allow the lawyer to obtain the cell phone records for the specific time period at issue. This will include texts, voicemails, as well as telephone calls.
Unless a party voluntarily consents to providing cell phone records, no one can receive them without a subpoena or a warrant. Police officers can issue a warrant to obtain cellphone records in a criminal case, but in a civil case there must be a subpoena.
Contact our law firm if you require legal assistance after a crash and need to recover damages. There are many benefits to having a Cook County texting while driving accident lawyer. Let us help you get back on your feet and holding the liable party to account.