Chicago Truck Accidents Involving Cell Phones
There are specific federal laws that regulate truck driving and the use of cell phones. Pursuant to both federal statute and regulations, truck drivers may not use any handheld device, such as a cell phone, while operating a truck. Use of a cell phone while operating a truck is illegal under federal law as well as Illinois state law.
Cell phone use has a particular impact on accident claims, so it is important to work with an experienced accident attorney while beginning a case. Once contacted, a skilled accident attorney can help their client pursue compensation after a Chicago truck accident involving cell phones.
Cell Phone Violations
Truck drivers cannot use a handheld phone, which means there can be absolutely no texting while driving a truck in Chicago. Use of a cell phone is permitted without the use of a handheld device. However, the federal and state laws specifically preclude the use of any handheld device while operating a truck. The laws regarding truck drivers have more complexities than those related to cars; because truck drivers help in interstate commerce, which subjects their behavior to federal compliance as well as state laws.
Novice Truck Drivers
The term novice driver applies to young, or inexperienced drivers, who can be particularly troublesome when it comes to truck accidents in Chicago. As in any particular profession, the learning curve of operating extremely large 18-wheel trucks on highways and busy streets can take a bit, so novice drivers present different dangers in such a vehicle. Cell phone use laws apply equally to novice truck drivers as they do to experienced drivers.
Impact of Cell Phone Use on Accident Claims
Using a cell phone behind the wheel of a truck is a technical violation of the law; so using a cell phone is certainly going to be a contributing factor. Nevertheless, a violation of the law does not necessarily mean that the same individual caused the accident; though cell phone use will be an issue in any claim or case.
When an injured party asserting a claim against a driver who was using a cell phone, the violation of the statute can be considered prima facie negligent, meaning it is rebuttable. However, it meets the threshold required to assert a claim against an individual for negligent operation.
If both drivers involved were using a cell phone, then the case becomes more difficult to recover damages for; because the use of phones by both parties complicates the determination of liability for the accident.
Gathering Evidence
Retrieving the cell phone records of the driver(s) involved helps in proving phone use at the time of the accident. It is important to utilize evidence to prove that the phone was being used without a hands-free device, whether that be an earpiece or another mechanism inside the truck. Most modern vehicles come equipped with Bluetooth to answer calls without drivers taking their hands off of the wheel.
Individuals do not need to grant the insurance company access to their phones. The only way any party would need to surrender their cell phone record: if a lawsuit filed and the appropriate request, demand, or subpoena served. Insurance companies do not have any particular right to demand personal information. A Chicago truck accident attorney is essential in helping protect their client’s rights during this time of the case.