Aurora Distracted Driving
Aurora Attorney for Distracted Driving Accident Victims
Aurora, nicknamed “The City of Lights,” is located mainly in DuPage and Kane counties, but spans four counties. It is the second most populous city in the state of Illinois. As of the 2020 census, the city had 180,542 inhabitants. The city is close to I-88, and the city can also reach interstate highways like I-55, I294. The city is also close to local highways and roadways United States 34, Illinois 59 and Kane County Highway 29. In 2021 there were ten fatal vehicle accidents in Aurora. Across the United States, according to the NHTSA, distracted driving killed 3522 people in the same year. If you were injured or a loved one died in a crash caused by someone else, you should call the seasoned Aurora distracted driving accident lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We have sixty years of experience advocating for the injured.
Proving Liability for Distracted Driving Accidents
All drivers owe others with whom they share the road a duty to use reasonable care. Distracted driving is negligent. It can include texting while driving, making phone calls while driving, eating while driving, engaging in heated discussion with passengers, adjusting the car’s navigation system or car stereo. Generally, Aurora drivers are not supposed to use handheld communications devices, and are only allowed to use these devices when they are reporting an emergency or when stopped in traffic and their car is parked or in neutral.
In order to recover damages on your behalf after a distracted driving accident, we will need to prove negligence by presenting evidence and arguments to support these elements are true more likely than not: (1) the other driver owed you a duty to use reasonable care, (2) the driver breached the duty to use reasonable care by failing to pay attention because of a phone call, a text, or a conversation, (3) the failure to pay attention to the road caused injuries, and (4) you suffered actual damages.
In some cases, the evidence is straightforward; a distracted driver may admit fault. However, some drivers deny their fault or try to avoid turning over evidence, such as phone records, that would show they weren’t paying attention to the road.
It’s common for a defendant to allege that a victim was partially or fully to blame for an accident. Under the modified doctrine of comparative negligence, your damages will be reduced by an amount proportionate to your degree of fault. If the jury finds you were 50% or more responsible for the accident, you will not be able to recover any damages. For example, if the damages are $100,000, but you are found 25% at fault, you would be responsible for $25,000 of your damages, and would only be able to recover $75,000. On the other hand, if the jury determined you were 50% responsible, you would not be able to recover anything. Needless to say, it is critical to retain a seasoned lawyer who is able to counter any arguments that the defendants’ attorney might make regarding your fault, and you should not talk to the other side before first securing legal representation.
Holding Distracted Drivers Accountable
When our attorneys are able to establish liability for distracted driving, we may be able to recover past, present and future losses in the form of a damages award or settlement. The damages award can include economic and noneconomic losses such as:
- Medical bills
- Lost wages
- Replacement services
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Lost earning capacity.
Consult an Aurora Distracted Driving Accident Lawyer
If you were injured or a loved one died due to a distracted driving accident in Aurora, you should consult the seasoned car accident lawyers ofKatz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We have fought for best results in personal injury cases for more than 60 years. We also handle SSDI benefits and workers’ compensation claims. Call us at 312-724-5846 or complete our online form.