There are many causes of car accidents in Oak Lawn. However, one of the leading causes that are widely practiced is cell phone usage. The number of Oak Lawn car accidents involving cell phones is very high. There are penalties that are attributed to this action. A person’s liability claim could be affected if the prosecution was found to be using their phone during the time of an accident.

Speak with an experienced attorney today to learn more about this issue. An Oak Lawn accident lawyer is willing to share their knowledge and expertise.

Regulation of Cell Phone Usage While Driving

Whether texting or talking on the phone, cell phone usage while driving can result in an accident. People should also know that these actions are illegal. Texting and driving is never allowed. The law does allow someone to talk on their phone, but it must be hands-free. Even talking on the phone hands-free is a distraction. When a person is in an accident, an experienced personal injury attorney can subpoena cellphone records for the time of the accident.

Impact on an Injury Claim

If the plaintiff is involved in an accident, even if it is not their fault, the fact that they were on a cell phone can affect their case. The insurance company can claim that the plaintiff was distracted by their cellphone even if the accident was not their fault. It could affect the degree of fault. This is called contributory negligence. Cellphone usage while driving causes distraction and can result in a lower recovery. This is true even when the plaintiff is not at fault for the accident.

An accident can be more than one person’s fault. Cellphone usage by either party can be taken into consideration when determining fault in an accident. Sometimes, both drivers are on the phone. This can impact the decision on liability. An insurance adjuster may reduce the amount of the settlement because one party was on their cellphone at the time of the accident. Consult with a car accident lawyer to learn more about Oak Lawn car accidents involving cell phones and any implications that could negatively affect an injury claim.

Types of Evidence Used

Cellphone records are private and are not available to the public without a subpoena. An insurance company does not usually consent to release cell phone records of their insured. An experienced personal injury lawyer can always send a subpoena in court because cell phone usage by the at-fault driver can significantly help prove the case. Speak with an attorney to learn more about Oak Lawn car accidents involving cell phones

When a car accident results in criminal charges, a police department has the authority to send a subpoena to the cellphone company of the driver and obtain cellphone records. In a civil case, a lawyer for either side can send a court subpoena to the company for the cellphone. However, without a subpoena, cellphone records are private and cannot be obtained in an accident.

Contact an Attorney

If you still have questions about Oak Lawn car accidents involving cell phones, speak with an attorney to get more information. An attorney could also provide legal guidance if you have found yourself in a similar situation. By doing so, you may raise the chances of building a strong case.