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I was injured in a Gurnee motorcycle crash. The driver who hit my bike was driving a company truck and talking on the company cell phone. Who is liable, the driver or the company he works for?

The dangers of distracted driving are well known, but many employers expect their employees to be in contact with the office during every minute of the workday. Delivery men, plumbers, carpenters, cleaners, landscapers, and other employees often use cell phones to receive schedules and assignments. Unfortunately, many of them choose to contact the office while on the road.

In 2012, the National Safety Council urged employers to ban cell phone use while driving on company time or with company-issued cell phones or vehicles. They warned companies that employers could be held liable if an employee causes a distracted driving accident while using an employer-owned cell phone or vehicle. An employer can also be held liable if the driver is using his own car or phone to conduct business while driving.

In Illinois, drivers over 18 may use a cell phone while driving except in construction zones, school zones, and within 500 feet of an emergency scene. But being able to use a cell phone legally does not mean that the driver and his employer are not liable for your Gurnee motorcycle accident. The problem is that insurance companies like to depict motorcyclists as reckless. You may still end up holding the blame, even if the other driver is clearly at fault.

Make sure your rights are protected. Contact a Gurnee motorcycle injury attorney about your Illinois motorcycle accident claim. To schedule a free consultation, contact Hupy and Abraham at 866-625-2299.

Jason F. Abraham
Managing Partner, Hupy and Abraham