Texting While Driving Accident

When operating a vehicle, the distractions posed by digital communication and technology may prove catastrophic for many people. As a form of distracted driving, texting while driving poses serious risks. Despite the fact that Illinois prohibits texting while driving, it remains a major cause of collisions. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our Chicago lawyers are dedicated to representing people injured by the careless behavior of others, including drivers who have been texting behind the wheel. For decades, we have worked to hold them accountable for texting while driving accidents, pursuing compensation on behalf of injured individuals and their families throughout Illinois.

Pursue Damages Following An Accident Caused By A Driver Texting

According to Illinois law, drivers are banned from texting and using a cell phone while driving. Due to the distraction presented by texting on a cell phone while operating a motor vehicle, motorists who engage in this conduct place others on the road at risk. While it is considered a moving violation to text while driving, many people continue to text while driving, leading to collisions and injuries.

Negligent drivers are people who fail to operate their vehicles as a reasonable person would under similar circumstances. Demonstrating negligence after a texting while driving accident requires showing a breached duty of care that directly caused injuries. As a form of negligence, texting while driving is conduct that breaches the duty of care that all drivers owe to others sharing the roadways. When a car accident victim suffers injuries in a crash caused by a distracted driver, they may hold them responsible for their resulting harm.

One major danger posed by drivers who text while operating their vehicles is that the driver takes their eyes off the road in order to compose and send a text message. If a driver is operating their vehicle at a high rate of speed, for example, and removes their eyes from the roadway in front of them, even for a few seconds, they may unknowingly cause serious damage. Motorists who fail to pay proper attention due to texting and driving may run a red light, veer into oncoming traffic or cause a rear-end collision.

The damage that may be caused by a texting while driving accident may be serious, despite the fact that it takes only a few seconds to send or receive a text message. Victims who pursue a legal claim for compensation from the at-fault driver may recover damages for their harm. Damages usually include past and future medical expenses, damage to property and lost wages from work. Illinois law also provides for compensation for pain and suffering.

If a texting while driving accident has led to a tragic death, family members of the deceased person or their personal representative may file a wrongful death claim. This claim would be brought against the party responsible for causing the accident. Damages in a wrongful death claim include medical and funeral expenses as well as the loss of financial support and the love and affection received from the deceased person.

Building Your Case: How We Show A Driver Was Distracted

Our team works hard to gather the right evidence to support your claim. Some of the most common types of evidence we use include:

• Cellphone records: We retrieve these through the discovery process, which requires the at-fault driver to hand over their phone activity history.
• Eyewitness testimony: We track down people who saw the accident and interview them to get a clearer picture of what the driver was doing before the collision.
• Traffic and surveillance camera footage: We work quickly to obtain footage from nearby cameras before it gets deleted or overwritten.
• Police reports: Responding officers sometimes note signs of distracted driving at the scene, and we obtain these reports as part of our investigation.
• Vehicle data: Modern vehicles store data that can reveal what happened in the moments before a crash. We work with professionals, such as accident reconstruction specialists and forensic analysts, who know how to retrieve and interpret it.

Every piece of evidence tells a part of your story. Our team carefully reviews all available information to build a strong case on your behalf.

What You Should Know About Illinois Texting And Driving Laws

Illinois law makes it clear that using any electronic communication device behind the wheel is illegal in most situations. This covers everything from sending texts and emails to watching videos, joining video calls and scrolling through social media. Wearing headphones while driving is also prohibited.

When it comes to penalties, fines start at $75 for a first offense and go up with each subsequent violation, reaching $150 by the fourth offense. The consequences get much more serious when someone gets hurt. A driver who causes an accident resulting in serious injury can face a Class A misdemeanor, which carries up to one year in jail and fines up to $2,500. If the accident results in a death, the charge can escalate to a Class 4 felony, with potential prison time between one and three years and fines reaching up to $25,000.

Contact A Skilled Lawyer To Advocate On Your Behalf

Texting while driving may lead to accidents because drivers remove their eyes from the road, ignoring surrounding drivers and roadways. After a motor vehicle accident involving a driver who was texting, the experienced Chicago lawyers at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca can help you pursue legal action. We have helped many Illinois accident victims recover compensation for their harm, including people living in Springfield, Champaign, Quincy, Aurora, Rockford, and other communities throughout Kane, Winnebago, Cook, Sangamon and Adams counties. Call our office at 312-724-5846 or complete our contact form online to set up a free, no-obligation consultation with a distracted driving accident attorney. We handle most of our cases on a contingency fee basis, so you do not need to worry about paying us anything up front to get your case started.