Cell phone use while driving is highly controversial
Injured petitioners have still won cases, but had their claims reduced because they were using a cell phone. In such a case, the court will usually reduce the settlement by a percentage of the determined liability. Simply using a cell phone during an accident is not evidence of liability in all authority. Certain activities done during driving is considered unsafe by any Chicago injury lawyer; such activities are listed below
Driving with one hand,
Taking your eyes off the road to dial or pick up a cell phone,
Simply being distracted from surroundings because of your own or a passenger's cell use,
Being distracted by an emotional call.
A good first step in proving liability is to prove that a defendant acted in any of the above mentioned ways. When an employee causes a car accident, the employer may be liable if the employee was on a work-related call. Petitioner usually takes legal action against employers because they are more likely to have the money to pay for an accident. To counteract this, most employers forbid their employees to make any work calls while driving. This act is used as a shield to protect the company from any type of liability resulting from carelessness during driving due to use of cell phone.
Another important section of law to consider is the one that covers parent-child liability for cell use; Chicago has special cell laws for teen drivers. Teens without full license are not allowed to drive by law, on top of that using a cell phone while driving is double violation of law. Recently, some petitioners have argued that if any parents provide a minor with a cell phone which triggers a car accident due to conversation while driving, then the parents are liable for the accident. However, it is something that all parents should be conscious of. On the other hand, insurance companies generally increase premiums and might not even pay when cell phone use is involved in any accident, so be careful. Though cell phones play a vital role in our society, the convenience they offer may be coming at a very high price.
At the Law Offices of Malman & Associates, the resource rich personal injury lawyers of Steven J. Malman & Associates strive to deliver compassionate and attentive service for clients. Choose to retain them, and you will pay zero fees unless they can collect for you via either a settlement out of court or via a verdict at trial. Their experienced Chicago personal injury lawyer works to make sure that you get the compensation you deserve. If you are not able to go to the firm, they will come to you and will provide legal consultation services with no obligation fees.
If your loved one is the victim of wrongful death, call now at 1-888-625-6265 for free legal consultation or visit www.malmanlaw.com