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​Experienced ILLINOIS Workers’ Compensation Lawyers
& CHICAGO Injury Lawyers

Effingham Distracted Driving

Results-oriented Distracted Driving Lawyer in Effingham

The city of Effingham is the country seat of Effingham County in Illinois, and it is served by numerous highways and roadways. Dubbed the Crossroads of Opportunity, it is called that because it is situated at the intersection of two interstates, I-57 and I-70. Other highways include U.S. Route 45, U.S. Route 40, the National Road, and Illinois routes 32 and 33. Effingham is home to many hotels, motels, and restaurants. In Illinois as a whole, 78,486 crashes occurred and were reported in 2020. Many people do not have enough saved up to address their losses after sustaining unexpected and catastrophic injuries. If you were injured in a crash that you suspect was caused by someone else’s inattention, you should call the seasoned Effingham distracted driving lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca for a free consultation.

Effingham Distracted Driving Accidents

In Illinois, all drivers owe a duty to use reasonable care while operating their cars on the road. This includes not using handheld electronic communications devices, whether to text or make phone calls. Even using hands-free technology can be a serious distraction. Other distractions while driving include getting into arguments and eating food or drinks. Illinois drivers are only allowed to use a cell phone that is handheld to report an emergency, while stopped due to normal traffic being blocked when the car is in neutral or park, and while stopped on the road’s shoulder.

Effingham drivers who are in a crash resulting from distracted driving may face criminal penalties and incarceration. However, this doesn’t help an accident victim. Our lawyers may be able to bring a lawsuit in civil court to recover economic and noneconomic damages. These damages are intended to make up for what you lost. They can include past, present and future wage loss; past, present, and future medical bills; replacement services; pain and suffering; emotional distress; loss of consortium; and loss of enjoyment of life.

Proving Liability After a Distracted Driving Accident

Proving liability after a distracted driving accident requires a seasoned attorney. To recover damages, our lawyers will need to gather evidence about the contributing causes of the accident. When an accident is complex, such as when multiple drivers were distracted and crashed into one another and it’s not clear how much fault each bears, we will retain an accident reconstruction expert to pinpoint the proportion of fault.

Liability in these cases is established by presenting evidence and arguments that prove it is more likely than not the other driver failed to live up to his duty of care because he was distracted while driving and crashed into you as a result.

Often insurers and attorneys for the defendant in a car accident lawsuit try to show that the accident victim was at fault for the accident. Sometimes two drivers are both distracted, leading to a collision. Under the doctrine of comparative negligence, which is modified in Illinois, your damages can be reduced by an amount equal to your degree of fault and you can be barred from recovering damages at all if you were 50% or more at fault for the accident. For example if you were fiddling with the car’s navigation system and another driver was having an argument with a passenger, you might both bear responsibility for the resulting crash. In that case, the jury would evaluate the evidence and arguments, determine the damages, and assign each party a percentage of fault.

Call an Effingham Personal Injury Lawyer

If you were injured or a loved one died due to a distracted driving accident in Effingham, you should call the seasoned car accident lawyers of Katz, 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 and understand the sometimes-intricate way they work in tandem. Call us at 312-724-5846 or complete our online form.