Many motor vehicle accidents occur due to distracted driving. The most prevalent type of distracted driving includes the use of a cell phone while operating a vehicle. In the State of Illinois, it is illegal to use a cell phone while operating a vehicle unless it is in hands-free mode. If an individual causes a motor vehicle accident due to the use of a cell phone, they could be held liable in court.
If you or a loved one have been injured in a tractor-trailer crash due to a distracted trucker, a knowledgeable truck accident attorney could help you seek compensation. They could review your claim and help you determine liability in Oak Lawn truck accidents involving cellphones case.
The use of a cell phone by the defendant at the time of an accident could impact the plaintiff’s personal injury claim. Cell phone usage while driving constitutes distracted driving and is a contributing factor in many accidents. If a driver is on their cell phone and causes an accident, the fact that they were on their phone is an aggravating factor. If the use of the cell phone causes an accident, the defendant is responsible for the harm that they cause. A skilled lawyer could help prove liability in Oak Lawn truck accidents involving cellphones case.
The injury claim could be impacted if both the injured party and the at-fault driver were found to be using their cell phones at the time of the accident. An accident could be the fault of several people. If both parties are on their cell phone at the time of an accident, it could lead to a dispute over who is more at fault. Distracted driving is evidence of negligence. If both parties are on their cell phone at the time of an accident, it may complicate the ability to reach a settlement.
The type of evidence that would need to be obtained to determine liability in Oak Lawn truck accidents involving cellphones case would be the phone records of the trucker. If the truck driver was using their phone at the time of the accident, it could constitute distracted driving. Distracted driving could be used as evidence to determine fault and negligence. It is important to know whether cell phone use was a contributing factor in a truck accident case. The use of a cell phone could serve as an aggravating factor, and the plaintiff’s knowledgeable truck accident attorney would use the evidence to help the injured claimant recover compensation.
Consent is required for law enforcement and insurance companies to seize the phone records of drivers involved in a truck accident in Oak Lawn. If the police feel that cell phone usage may be a contributing factor in a truck accident case. Law enforcement could obtain a search warrant from a judge, which would allow them to receive cell phone records from the cell phone provider. However, law enforcement may not request these records without a search warrant. Similar to a claim for personal injuries, an experienced lawyer could send a subpoena to the cell phone provider. The cell phone records of a truck driver are not public and are not available absent a subpoena or a search warrant. The court process is required to obtain cell phone information in a truck accident case.
If a motor vehicle collision occurs due to a distracted driver, they could be held liable in court and required to pay the plaintiff compensation for their damages. A diligent attorney could gather evidence and prove the defendant’s liability in Oak Lawn truck accidents involving cellphones case.
Call today to learn about what may be possible in your case.