Throughout Cook County, it is illegal to text or hold a phone while driving, as it can easily lead to an accident. This is true with commercial vehicles, as well as passenger vehicles, though the law does allow a commercial vehicle driver to use a phone with the hands-free feature.
As cell phone use becomes more prevalent, it has led to an increase in truck accidents caused by cell phone usage. If you were injured by a trucker who was negligently using their device while behind the wheel, you need to contact our local truck accident attorney to discuss a lawsuit for compensation.
With any accident involving a truck in Cook County, it is important to obtain the cell phone records for the driver. If they can prove that the driver was using their phone at the time of the accident, this can be strong evidence of negligence. While it is not illegal to use a cell phone in a hands-free manner, simply being engaged in a phone call can lead to distracted driving.
If both the injured party and the at-fault driver were using cell phones at the time of the accident, it may contribute to how a jury decides who was at fault. However, for the jury to consider the evidence of cell phone use, there must be some indication that using the cell phone resulted in distraction.
If the injured Cook County plaintiff was on their cell phone at the time of a truck crash, a good lawyer knows how to minimize the impact that may have on determining the cause of the accident. It is not illegal to be on a cell phone while driving but it can hurt the plaintiff’s case if the cell phone usage contributed to the crash. If the accident was 100% the defendant’s fault, the fact that the plaintiff was on their phone is irrelevant.
Generally speaking, people have the right to privacy regarding their cell phones. However, if they are involved in a lawsuit, the cell phone records can be obtained using a subpoena. Law enforcement can also obtain cell phone records if they have probable cause that the phone will produce possible evidence for a criminal charge. Finally, an individual can sign a consent that allows someone else to obtain their cell phone records. Other than these three exceptions, cell phone records are considered private.
An experienced personal injury attorney could obtain the cell phone records of the at-fault party. Different phone carriers provide this information in different formats. It is important to check the time of cell phone usage and compare it to the time of the accidents. If a lawyer can prove that someone was on the phone at the time of the accident, it is worth investigating who it was with, as well as the substance of the call.
Commercial drivers who use their phone behind the wheel are being negligent, and they should be held accountable when it leads to a crash. Call McCready Law today. We have lawyers in Cook County who can file a truck accident claim when the at-fault party was texting while driving.
