In Car Accidents, Insurance Companies May Check Your Phone Records

Randy Rozek • March 22, 2010

According to a National Highway Traffic Administration study, distracted driving accounts for 80% of all car accidents.

The Top 7 most distracting tasks that should be avoided while driving include:

  • Reaching for a moving object
  • Reading and Writing
  • Applying Makeup
  • Dialing a Hand Held Cell Phone
  • Eating, and Drinking
  • Texting, Talking and Listening on a cell phone
  • Adjusting the Radio or CD Player

The most common distraction that causes the most car accidents involves dropping one’s cell phone while trying to dial or text and then trying to pick it up while driving. Reaching for dropped objects is twice as dangerous as other non-driving tasks including reading and changing the radio channel.

Not paying attention when driving can result in relatively minor car accidents such as collisions in parking lots; however, many times it results in serious crashes causing extensive damages, injuries, and fatalities. The good news is that distracted driving is avoidable.

According to the Wisconsin AAA, the average driver makes approximately 200 driving decisions per mile. As the number of activities increase so so the chances of an accident. And today, more than ever, we have so many opportunities to be distracted, changing songs on your iPod, glancing at the DVD your child is watching, entering an address into your navigation system, and texting a friend. A study done by the Virgina Tech Transportation Institute found that for every 6 seconds of drive time, a driver sending or receiving a text spends 4.6 of those seconds with their eyes off the road.

To reduce distractions, plan ahead. Map out your route before entering the vehicle. Eat before you leave the house. Shut off your cell phone and put it out of site. Once in the car, make a point to concentrate on keeping your hands on the wheel.

Many individuals do not believe that anyone will know if they are texting or talking on the cell phone and happen to be in an accident. It is important to understand that even if you are in a car accident caused by another driver, the insurance company will request your phone bill, review it, and determine if you were talking or texting at the time of the accident. If you were injured in the accident and are pursuing the other driver’s insurance for medical bill payment, you may loose your case based on your phone records.

Now before the Wisconsin State Assembly is a bill that was passed by the Wisconsin Senate banning texting while driving. This ban is proposed to help keep our roads safe. To assist with getting this bill approved, visit legis.wi.gov to contact your local legislator and request the passage of this bill.

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For more information on Wisconsin Car Accidents or to speak with a Wisconsin Car Accident Attorney about an accident that involved distracted driving.

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Your Legal Rights after Your Motorcycle Accident
By Randy Rozek March 27, 2026
A motorcycle accident can change your life in an instant. Beyond the physical pain and emotional stress, victims are often left facing mounting medical bills, lost income, and uncertainty about their future. Understanding your legal rights after a motorcycle accident is essential to protecting yourself and ensuring you receive the compensation you deserve from a motorcycle accident lawyer in Wisconsin . Knowing what steps to take and what you are entitled to can make a significant difference in your recovery. Seek Medical Care Immediately after Your Motorcycle Accident First and foremost, you have the right to seek medical care immediately after a motorcycle accident. Even if your injuries seem minor at first, some conditions, such as internal injuries, concussions, or soft tissue damage, may not be immediately apparent. Seeking prompt medical attention not only protects your health but also creates important documentation linking your injuries directly to the accident. Medical records are often a critical component of any insurance claim or legal case. File an Insurance Claim You also have the right to file an insurance claim. Depending on the circumstances of the accident, this may involve filing a claim with your own insurance company, the at-fault driver’s insurer, or both. Motorcycle accidents are frequently caused by negligent drivers who fail to yield, follow too closely, or fail to see motorcyclists on the road. If another party’s negligence caused your accident, you have the right to pursue compensation for damages, including medical expenses, lost wages, property damage, and pain and suffering. Gather Evidence at the Scene After a motorcycle accident, you have the right to gather evidence and protect your claim . This includes obtaining a copy of the police report, taking photos of the accident scene and your injuries, collecting witness information, and preserving damaged gear such as helmets or clothing. Insurance companies often look for ways to minimize payouts, and having strong evidence can help support your version of events and strengthen your case. Importantly, you have the right to remain cautious when dealing with insurance adjusters. While adjusters may appear helpful, their primary goal is often to settle claims quickly and for as little money as possible. You are not required to give a recorded statement immediately, and you should never feel pressured to accept a settlement before fully understanding the extent of your injuries. Once you accept a settlement, you typically waive your right to seek additional compensation later even if your condition worsens. You also have the right to pursue compensation beyond immediate expenses. Motorcycle accident victims may be entitled to damages for future medical care, rehabilitation, loss of earning capacity, emotional distress, and reduced quality of life. In severe cases involving permanent injuries or disabilities, these long-term damages can be substantial. The law recognizes that the impact of a motorcycle accident often extends far beyond the initial recovery period. Legal Representation is Critical Another critical legal right is your right to legal representation. You are not required to handle a motorcycle accident claim on your own. An experienced motorcycle accident attorney can help investigate the crash, negotiate with insurance companies, and advocate for your best interests. Legal representation is especially important when liability is disputed or when injuries are serious. Having an attorney can level the playing field and help ensure you are treated fairly. You have the right to take legal action within a specific time frame, known as the statute of limitations. This deadline varies by state, but missing it can permanently bar you from recovering compensation. Acting promptly helps preserve evidence, protect your rights, and keep your case on track. Call Rozek Law After your Motorcycle Accident A motorcycle accident can be overwhelming, but you don’t have to face the aftermath alone. Understanding your legal rights empowers you to make informed decisions, protect your interests, and focus on healing. By knowing what you are entitled to and seeking the right support, you can move forward with confidence after a motorcycle accident. The sooner you get legal help, the better your chances of a fair and successful outcome. For nearly 30 years, Attorney Randy Rozek has been representing victims of serious, life-changing injuries. Routinely asked to speak to lawyers around the country in his primary areas of practice, which include representing victims of traumatic brain injuries and brain damage due to carbon monoxide poisoning, Randy has extensive experience representing victims throughout the United States. If you are in need of a motorcycle accident lawyer to represent you in your case, contact Rozek Law Offices by calling 414-374-4444. Rozek Law Offices, S.C. 3970 N Oakland Ave Ste 604 Milwaukee, Wisconsin 53211 (414) 374-4444 https://www.rozeklaw.com/