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Driving While on a Bluetooth

Malman Law. Premier Personal Injury Attorneys

Injury Attorney Steven J. Malman

Dedicated Attorneys Representing Victims With Injuries Caused By Drivers Using Their Bluetooth

driver using bluetoothNew technology is bringing rapid changes to society, and the law is almost always a step behind. To be more specific, Bluetooth and other hands-free electronic communications technology are changing the way we drive. Illinois law is struggling to catch up while the death rate for certain kinds of accidents continues to soar, particularly distracted driving.

Illinois distracted driving law currently prohibits any use of a hand-held device while driving. Penalties include fines and a potential driver’s license suspension for repeat offenses. By contrast, using a hands-free Bluetooth device is not specifically prohibited unless you are under 19 years old, even though using hands-free communications devices has been shown to be even more dangerous than drunk driving.

Does Using a Bluetooth Hands-Free Device Count as Distracted Driving?

There is no simple answer to that question. Although there is no law specifically prohibiting the use of hands-free devices for those 19 and older, a party to a lawsuit can try to prove that you were driving negligently even though you were not breaking any specific law. That is how the rules that apply in civil court differ from the rules that apply in traffic court.

This loophole can pave the way for a party to argue that you were driving negligently due to your use of Bluetooth. He could then attempt to prove this claim by establishing certain facts – that you were weaving between lanes immediately prior to the accident, for example.

The Sword Versus the Shield

If you were injured in an accident, you can try to prove that the accident was the defendant’s fault due to his use of Bluetooth. On the other hand, if you were the one using Bluetooth, the defendant might claim that the accident was partly your fault. This could reduce or even eliminate the value of your claim.

Sound Complicated?

If all of this sounds complicated, there is a reason why – because Illinois personal injury law is indeed quite complex. If you were injured in a traffic accident that you believe was someone else’s fault, now is no time to “go it alone” and try to represent yourself. Malman Law can help.

A Long History of Making It Happen for Our Clients

At Malman Law we refuse to accept mediocrity, and our track record proves it:

  • 23 years of personal injury practice
  • Over 20,000 winning clients
  • Over $200 million recovered for our clients
  • A 95 percent victory rate
  • An out-of-court settlement rate of well over 90 percent

What Our Clients Have to Say About Us

“The Malman Law team is exceptional. Knows personal injury law, very responsive to my personal workers’ comp case, recovered money I thought I would never see. And it happened twice as fast as I thought it would. Thank you, Malman Law.” – Malman Law Client

“Two years ago, I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet.” – Malman Law Client

Some of Our Main Practice Areas

Car Accidents: Millions of car accidents occur every year, and hundreds of thousands of people suffer serious injury. Car accidents are usually somebody’s fault, and a compensation claim arises when the injured party is not the at-fault party. Texting and driving in particular is a rapidly increasing cause of car accidents.

Personal Injury: Just about any type of accident qualifies as a personal injury claim if an injury occurred due to the wrongful act or neglect of another.  This is also true of many other types of accidents, such as pedestrian/vehicle accidents, that are not specifically listed here.

Wrongful Death: Just about any personal injury that results in the death of the victim can give rise to a wrongful death claim. In Illinois, the personal representative of the victim’s estate (named in the will or appointed by a court) may file a wrongful death lawsuit on behalf of close relatives and, for certain expenses, the estate itself.

Cell Phone Accidents: Pennsylvania’s distracted driving laws cover all usage of handheld devices, and even hands-free models for users under 19. Although breaking a traffic law and being found negligent in a civil lawsuit are two different things, a driver causing an accident through cell phone use is likely to be found negligent. This likelihood increases the odds that the defendant’s insurance company will be willing to settle the claim out of court.

Motorcycle Accidents: Motorcycles are probably the most vulnerable motor vehicles on the road, and accidents tend to be catastrophic. Such accidents are typically (but not always) the fault of an automobile driver, due to the disregard with which so many drivers treat motorcycles.

Truck Accidents: Truck accidents are typically caused by driver negligence or the defective condition of the truck. When the accident can be traced to the truck, an astute personal injury lawyer will check to see if the accident can be traced to the violation of a trucking industry regulation.

Underinsured Driver Accidents: Of what use is it to win a personal injury lawsuit against a driver who cannot afford to pay you because he didn’t carry sufficient insurance at the time of the accident? Fortunately, in many cases it is possible to secure full compensation from another source.

Train Accidents: The city of Chicago maintains over 200 miles of local train tracks to transport over 750,000 people a day. Obviously, accidents are inevitable, and they are not always caused by the train operator — technical malfunctions as well as pedestrians and other vehicles can cause accidents as well. You are entitled to compensation, however, if the accident can be traced to negligence.

Frequently Asked Questions (FAQs)

1) What is comparative negligence, and how might it affect my claim?

Comparative negligence is a legal theory that provides guidance on how to distribute compensation when more than one party was at fault for an accident. A court will assign a percentage of fault to each party. Then it will allow the party who is less at fault to recover compensation from the more at fault party – minus his own percentage of fault. For example, let’s assume that there are $100,000 in damages for Driver A. However, Driver A was 40 percent at fault and Driver B was 60 percent at fault. Then Driver A could recover damages, but not the full $100,000. Instead, 40% would be deducted from his recovery due to his percentage of fault in the accident – and he would walk away with $60,000.

2) Is auto insurance mandatory for Illinois drivers?

Yes. Illinois drivers must carry at least:

  • $25,000 per person in liability insurance
  • $50,000 per accident in liability insurance
  • $20,000 for property damage liability
  • $25,000 per person in uninsured/underinsured motorist insurance
  • $50,000 per accident in uninsured/underinsured motorist insurance

3) Am I required to give a statement to the insurance company?

No. In fact, you should refuse to do so if they request one, because they will be looking for something they can use against you. Instead, issue the at-fault driver’s insurance company a written notice with the following information only:

  • Your name
  • The date of the accident
  • The location of the accident
  • The fact that you were injured
  • The date of the letter

Direct all further attempts at communication to your lawyer.

4) If I broke the law, is the accident automatically my fault?

No, not automatically. If you broke a safety law, that fact can be used to shift the burden of proof onto you. In other words, you would now be responsible for proving that you were not driving negligently, even though you broke a safety law. Although that is not good news, it might still be possible to avoid liability.

5) What if the other driver plead guilty to distracted driving in traffic court?

If the infranction concerned the accident that injured you, you can use it as evidence against him in a personal injury lawsuit (although such evidence will not decide the case in your favor all by itself). If the driver pleaded not-guilty but was convicted anyway, you cannot use his conviction against him.

6) Can I recover for lost wages stemming from the accident?

Yes, as long as you can prove the relationship between your injuries and your lost wages. Theoretically, you could be entitled to decades of lost wages if your injury was so serious that you are forced to abandon your career. The problem you might run into here, however, is that such a large claim would probably exceed the defendant’s insurance coverage limits.

7) Can I file a personal injury lawsuit on behalf of my minor child?

You can if a court appoints you as guardian ad litem for the purpose of filing the lawsuit. Since a minor cannot file a lawsuit in his own name in an Illinois court, someone will have to be appointed – and that person is likely to be a parent or other close relative.

8) Will you keep our conversations and other communications confidential?

Yes, we will. As your attorneys, we would be under a solemn legal and professional obligation to keep all of our communications absolutely confidential unless you give us permission to release certain information. In almost any case, we would even be entitled to refuse a court order to divulge confidential client information.

9) If a truck hit me, can I sue the company that the driver works for?

Probably not. Since most truckers are independent contractors, not employees, the trucking company is probably not responsible for the driver’s negligence. You might be able to support a claim if the trucking company itself was negligent in some way that contributed to the accident.

10) Is my claim hopeless if I rear-ended the other car?

No. Although you may have an uphill battle establishing your claim. It would be up to you to prove that the accident was not your fault (instead of the other driver having to prove that the accident was your fault). If the other driver’s brake lights were out at the time of the accident, for example, you might have a workable defense.

11) Are punitive damages available in Illinois?

Theoretically, punitive damages are available in Illinois personal injury lawsuits. The are unlikely to be awarded, however, for a distracted driving accident. To win punitive damages you would need to show – by “clear and convincing” evidence – that the defendant’s conduct was outrageous in some way. A DUI accident might qualify, but a road rage incident would be more likely to qualify.

12) How does a wrongful death claim work?

If the accident victim dies from the accident, Illinois wrongful death law allows the personal representative of the victim’s estate to file a lawsuit against the responsible party. Liability would have to be proven in much the same way as it would for a personal injury claim. Any damages awarded would go to the victim’s next of kin and to his probate estate.

Malman Law’s Zero Fee Guarantee

We work on a contingency basis – if we take your case, your fee will be calculated as a percentage of your actual compensation. Although 95 percent of our clients win compensation, remember this – any percentage of zero is still zero. This means that you will owe us precisely nothing unless we win compensation for you.

Time Matters – Take Action Today By Contacting Savvy Lawyers For Injured Victims of Drivers Using Bluetooth Devices

Claims can grow stale over time if they are not aggressively pursued – witnesses’ memories can fade, physical evidence can deteriorate, and a looming statute of limitations deadline can force you to rush your claim into court.

Call us today at 1-888-836-5975, or contact us online so that we can schedule an appointment for a free initial consultation. We are accessible 24/7, and we will come to meet you if you are too injured to come to us.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
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