Springfield Distracted Driving

Springfield Distracted Driving Attorneys for Accident Victims

Located in a valley near the Sangamon River, Springfield is the capital of Illinois. It is the 7th most populous city with 114,394 residents as of the 2020 census. Around 208,000 live in the Springfield metropolitan area. Significant tourist attractions in the city include the Abraham Lincoln Presidential Library and Museum, the Lincoln Home National Historic Site, and the Lincoln Tomb. If you were injured by a distracted driver in Springfield, you need a trustworthy and aggressive truck accident lawyer to represent you. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, have represented accident victims for more than 60 years. We are dedicated to securing the best outcomes possible for our clients.

Distracted Driving Accidents

Every driver owes a duty to those with whom he shares the road to use reasonable care. Among the important things drivers must do is pay attention to changing traffic conditions. In other words, they shouldn’t allow themselves to be distracted while operating the car. Distracted driving refers to driving while one’s attention is divided whether because of a cell phone, texts, food, makeup application, or a heated conversation with another passenger in the car. One of the most common forms of distracted driving is using a handheld phone. It is illegal in most situations to use a handheld electronic communications device; in most cases, drivers are only allowed to use a handheld cell phone to report an emergency situation. However, hands-free technology can also be a distraction.

Proving Liability After a Distracted Driving Accident

In order to recover damages on your behalf, our experienced Springfield lawyers will need to establish the defendant or defendants’ liability. When the accident is complex, such as when multiple distracted drivers contributed to the crash and may bear responsibility for what happened to you, we may need to retain an accident reconstruction specialist. We will need to investigate and gather evidence to prove to a jury that it’s more likely than not: (1) the other driver owed you a duty, (2) the other driver breached the duty to use reasonable care, (3) causation, and (4) actual damages.

Comparative Negligence

You should be aware that the defendant and his insurer and attorney may try to show that you were to blame, even when the defendant’s liability for distracted driving is clear. It’s important not to talk to the other driver’s representatives until you seek out legal counsel. Your damages can be reduced by an amount proportionate to your degree of fault; for example, if you were eating a sandwich while driving, and therefore didn’t notice or avoid another driver who was talking on his phone, and so the other driver T-boned you, the jury would look at your percentage of fault for the accident. If the jury finds that you were 50% or more to blame for the crash, you will be barred from recovering damages.

Damages

When we’re able to establish liability for a distracted driving accident, we can recover damages on your behalf. Damages are typically compensatory, meaning that they are meant to put you back in the position you would have been in had there been no negligence. They can include:

• compensation for medical bills,
• lost wages,
• lost earning capacity,
• disfigurement,
• pain and suffering,
• emotional distress,
• loss of enjoyment of life,
• and loss of consortium.

Consult a Seasoned Trial Attorney

A distracted driver should pay you compensation if his or her negligence contributed to your injuries. Unfortunately not all drivers and their insurers are scrupulous. It is critical to consult a lawyer about your rights before speaking to the other side. If you were injured by a person you believe was a distracted driver, you should call the trustworthy Springfield distracted driving lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca at 312-724-5846. Alternatively, you can complete our online form. We have more than 60 years of experience seeking all available relief for accident victims.