Distracted Driving Accidents
Distracted driving takes place when drivers take their attention away from the road or attempt to multitask. This type of behavior may involve the use of technology, such as texting or talking on a hand-held cell phone while driving. Careless or distracted driving may also include driving while having an angry conversation with a passenger, or eating while maneuvering a car, among other behaviors. If you or someone close to you has been hurt in a car crash caused by a distracted driver, you have a right to pursue a legal claim with the assistance of a car accident attorney. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our Chicago distracted driving accident lawyers are ready to advocate on your behalf. We can explain your legal rights and provide guidance throughout the entire process, whether it includes settlement negotiations or trial proceedings.Bringing a Personal Injury Claim Based on a Distracted Driving Accident
Illinois is among many states in the U.S. that ban the use of handheld devices while driving. Speakerphones and other hands-free technology are permissible, but there is an anti-texting law that prohibits operating a vehicle while sending, receiving, or reading an electronic message. Despite the existence of these laws, irresponsible or careless drivers continue to put other people at risk through distracted actions.
Legal claims following a car accident are usually based on a negligence theory of law. Negligence is the legal term for failing to use reasonable care under the circumstances. Drivers may be found legally responsible for accidents if they break vehicle safety laws, such as the anti-texting law, or drive in an unreasonable manner.
As a plaintiff in a personal injury lawsuit, the accident victim would need to prove the four elements of a negligence claim, which include a duty of care, a breach of the duty, causation, and damages. The burden is on the plaintiff to show that the defendant driver breached a duty of care and that this directly caused the accident and the resulting injuries. Examples of a breached duty of care may include chatting on a cellphone while driving or failing to pay attention to the road.
Crash victims may recover damages for their injuries if they successfully demonstrate the defendant driver’s negligence. Economic damages include medical expenses and lost wages, as well as property damage. These damages refer to past, present, and future costs. Damages for pain and suffering, as well as loss of consortium or companionship, may be recovered as well.
In certain situations, when the at-fault driver’s behavior has been grossly negligent or particularly egregious, that driver may be required to pay punitive damages. These are damages that are designed to punish a wrongdoer for an elevated level of misconduct. Punitive damages are awarded in addition to compensatory damages and are often substantial.Consult a Knowledgeable Distracted Driving Accident Lawyer in Chicago
At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our dedicated Chicago distracted driving accident attorneys have successfully recovered compensation for many victims and their families throughout Illinois, bolstering their financial stability following a devastating car crash. We explore all potential avenues for compensation in order to maximize recovery on behalf of our clients. Discuss your situation with an experienced car or car Accidents attorney to better understand your legal rights. We also can represent distracted driving accident victims in Aurora, Champaign, Quincy, and Springfield, as well as other areas of Sangamon, Cook, Winnebago, Champaign, Kane, and Adams Counties. To schedule a free consultation, call our office at (800) 444-1525 or contact us online.