Being involved in a car accident is always stressful, but it can be even more so if the crash was caused by a driver who was texting. While many motorists know that distracted driving is dangerous, not everyone understands what Illinois law actually prohibits and how those rules can impact a car accident claim in Chicago, IL.
Illinois law places clear limits on cellphone use behind the wheel. If another driver ignored these rules and caused a crash, you may have the right to pursue compensation for both your economic and non-economic damages.
Continue reading to learn more about how the law works so that you can better evaluate your legal options moving forward.
Texting and Driving Under Illinois Law
Illinois has strict distracted driving laws that generally prohibit drivers from using handheld electronic devices while operating a vehicle. This includes reading, composing, and sending text messages, as well as browsing the internet and using social media while driving.
There are only limited exceptions. For example, a driver may be able to use a hands-free device in certain situations. However, holding a phone and manually typing while the vehicle is in motion is almost always unlawful.
Violations can lead to fines and potentially points on your driver’s record. More importantly, however, distracted driving can create serious safety risks that often lead to significant accidents.
How Can Texting and Driving Affect My Personal Injury Claim?
When a driver causes an accident because they were texting, that behavior may be used as evidence of negligence (carelessness). Illinois follows a modified comparative fault statute, which means liability can be divided between multiple parties based on their actions leading up to the crash.
If a distracted driver is primarily responsible, they can be held financially liable for the resulting damages. Evidence like phone records, eyewitness statements, and police reports can help establish that the driver was using their phone at the time of the accident.
However, note that if you are being blamed for the accident, you may still be able to recover compensation as long as you are not more than 50% at fault. Your total recovery would simply be reduced based on your assigned share of responsibility.
What Should I Do After a Distracted Driving Car Accident?
The steps you take immediately after a crash can, for better or worse, significantly impact any legal claim you may later file on. Keep the following in mind after an accident involving a potentially distracted driver:
- Call 911 so law enforcement can document the crash and create an official report
- Exchange contact and insurance information with all of the involved parties
- Take photos and videos of the vehicles, roadway conditions, and any visible injuries if it is safe to do so
- Seek medical attention as soon as possible
From here, getting in touch with an experienced car accident lawyer is one of the best decisions you can make. They can advise you on how best to proceed given the facts of your case.
Contact Meyers & Flowers for Help After a Car Accident in Illinois
If you were injured in an accident caused by a driver who was texting, it is important to know that you may have legal options available to you. Illinois law allows injured victims in Chicago to seek compensation when another driver’s careless behavior causes them harm.
Set up a free consultation with Meyers & Flowers today at (630) 576-9696. We’ve won billions for our clients and work on a contingency fee basis, so you only pay attorney’s fees if we win compensation for you.