Why It Matters If the Person Who Caused Your Accident Was on the Phone

 Posted on June 19, 2017 in Car Accidents

By now, all drivers should be aware of the dangers of distracted driving. According to the Illinois State Police, distracted driving is present in more than one million car accidents every year in North America. The economic impact of these accidents reaches nearly $40 billion annually, some experts estimate. 

Distracted Driving is Likely a Factor in Your Accident

If you have been involved in a car accident, it is possible that the person at fault was distracted in the moments leading up to the accident. While there are many potential distractions, driving safety advocates have drawn attention to cellphone use. According to the National Highway Traffic Safety Administration:

• 80 percent of car accidents and 65 percent of near-accidents involved drivers being distracted three seconds before the incident; and
  
• An estimated 10 percent of Illinois drivers are using cellphones at any point while driving a car. 

Illinois Law on Cellphone Use While Driving

Illinois State Police say that using a cellphone while driving increases the risk of accidents by 400 percent. Illinois law prohibits the use of an electronic communication device while driving. Prohibited devices include cellphones and smartphones but do not include GPS map systems or an electronic device integrated into the motor vehicle.

Handsfree or Bluetooth devices are allowed for drivers who are at least 19 years old. Also, the prohibition does not apply when reporting an emergency situation, while parked on a road’s shoulder or while a car is in neutral or parked on a roadway where normal traffic is obstructed. 

Breaking Distracted Driving Laws Often Establishes Negligence

The person who caused your accident while driving distracted may face criminal punishment for breaking the law. However, the fact that the law was broken can also be used to establish negligence in your civil suit for damages.

Negligence must be established in every personal injury case. Negligence means that the person accused of being responsible for the accident acted outside of how a reasonable person would act.

Sometimes, there is a question as to how a reasonable person would act under the circumstances. However, if the person was breaking the law and that act led to the accident, negligence is easier to establish.

Contact a Will County Car Crash Lawyer

If you believe your accident was caused by cellphone use, you should contact an attorney. It may be that the person admitted cellphone use to the police officer or that phone records can be subpoenaed.

Call the experienced Plainfield, IL, motor vehicle accident attorney of Flaherty Law, LLC at 815-577-7500 for your free consultation.

Sources:

https://www.isp.state.il.us/traffic/distractdrive.cfm

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-610.2

http://www.cyberdriveillinois.com/departments/drivers/traffic_safety/distracted.html