The Law Offices of Barry G. Doyle, P.C.

Chicago Illinois Accident Lawyers

Call us: (312) 263-1080

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Evidence that the defendant was using a cell phone or text messaging at the time of a car accident is critical in helping ensure that car accident victims get fair compensation for their injuries.

An issue of growing importance is car accident suits is whether the at-fault driver was talking on a cell phone or text messaging at or immediately before the time of the accident.  A NHTSA study on car accident causes determined that 80% of all car accidents were due to driver inattention, with cell phone usage being the leading cause of distracted driving.  Other studies have found that text messaging also has adverse effects on the ability to drive a car safely.

As experienced Chicago personal injury lawyers, one issue that we are always careful to investigate in any Illinois car accident suit is whether the defendant was talking on a cell phone or text messaging at the time of a car crash or immediately before.  There are a couple of reasons why this is an important issue.

First, many people take work calls during off hours while they are driving.  When someone is taking a work call while they are behind the wheel of a car, that may bring them within the scope of their employment.  The law in Illinois is that an employer is liable for the negligent driving of employees while they are engaged in work-related activities.  When we are able to establish that the defendant’s employer should be made a defendant in the case, that usually changes the complexion of the case because a large commercial insurance carrier will assume control of the defense.  It also usually means that there is a substantially larger insurance policy available to compensate the car accident victims.

Second, even evidence of cell phone usage does not result in liability for the defendant’s employer, it may expose the defendant to liability for punitive damages.  The law in Illinois is that punitive damages can be assessed against the defendant when the defendant acts in utter an conscious disregard for the safety others.  With widespread media attention given to the dangers of cell phone use behind the wheel, most defendants will concede that they recognized that using a cell phone while driving was more likely to result in a car crash.  For many judges, that is enough to submit the issue of punitive damages to the jury.

Once a judge determines that a defendant could potentially be held liable for punitive damages, this creates tremendous pressure on the insurance company to settle the case in order to protect their insureds assets.  This often results in a faster and more favorable settlement for the car accident victim, which is something that we always try to accomplish for our clients.

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Practice Areas

  • Auto Accident
  • Slip And Fall Accidents
  • Work Related Personal Injury
  • Wrongful Death
  • Construction Accidents

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What our clients are saying

I would highly recommend Barry to anyone seeking an attorney.
—John

I would absolutely, unequivocally say that Barry Doyle is a top injury attorney.
—Cedric McL.

Barry took the time to make me feel that my case and my feelings were important to him. He’s not your typical attorney.
—Pam

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(312) 263-1080
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Locations

Skokie, IL

  • 4709 West Golf Road, Suite 1140
    Skokie, IL 60076
  • Phone: (312) 263-1080
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Chicago, IL

  • By appointment only:
    10 South LaSalle Street, Suite 2160
    Chicago, IL 60603
  • Phone: (312) 263-1080
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Orland Park, IL

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    15255 South 94th Avenue, 5th Floor
    Orland Park, IL 60462
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