Safe driving requires skill, care, and full attention on the road. Unfortunately, distracted driving has become a serious problem on our roadways. Too many people are hurt in crashes with inattentive or distracted drivers. At Kennedy Watkins LLC, we fight tirelessly to hold negligent drivers and their insurance companies accountable. Our firm has extensive experience with distracted driving accidents claims. We want to ensure that you have the resources to protect your rights. Here, our Chicago auto accident lawyers provide an overview of distracted driving collisions in Illinois.
Distracted Driving is a Serious (and Growing) Safety Problem
Distracted driving is a serious public safety problem. The United States Department of Transportation (DOT) reports that distracted driving is cited as a causal factor in nearly 12 percent of injury-reported nationwide. Highway safety researchers also note that the true risk posed by distracted driving may even be significantly higher—as it is systematically underreported. Distracted driving comes in a wide range of different forms. Some of the most common examples of distracted driving include:
- Texting and driving;
- Talking on a phone while driving;
- Eating and driving;
- Reading and driving;
- Talking to a passenger; and
- Using GPS navigation equipment.
There is strong evidence that distracted driving increased with the prevalence of smartphones. Alarmingly, there has also been a further rise in distracted driving over the past five years. According to research cited by the Claims Litigation and Management Alliance, “distracted driving occurrences have increased an average of 30% per mile from 2019 to 2023.” It is a shocking figure that highlights the risk posed by distracted drivers.
Illinois is a Fault-Based Motor Vehicle Accident State (Distracted Driving is Negligence)
In Illinois, responsibility for motor vehicle accidents is determined on a fault basis. The driver (or other party) found to be at fault is liable for damages. Fault is generally based on the legal theory of negligence, which is defined as the failure to exercise proper care. Distracted driving is considered a form of negligence because it involves diverting attention from the road. The simple reality is that engaging in activities like texting, eating, or using a GPS while driving can impair a driver’s ability to operate a vehicle. A distracted driver is liable for a crash.
With that being said, multiple parties may share fault for the same crash. Under Illinois law ((735 I.L.C.S. § 5/2-1116), a modified comparative negligence standard applies to all types of accidents, including distracted driving collisions. You can recover compensation as long as you are at fault for no more than 50 percent of your own accident. However, your settlement will be reduced based on your degree of fault. If you are deemed 25 percent at fault for your own distracted driving crash in Chicago, you will bear 25 percent of the liability for your own damages.
How to Prove Distracted Driving After a Crash
As Illinois is a fault-based car crash state, every collision requires a thorough investigation. You need to prove that another driver’s distraction/inattention caused your accident. Evidence that can be used to prove distracted driving includes:
- Driver Admissions: Driver admissions can be a key piece of evidence in proving distracted driving if the driver acknowledges engaging in activities like texting or using the phone while driving. An admission can come during the initial investigation.
- Eyewitness Testimony: Eyewitnesses can provide objective accounts of the driver’s actions just before an accident—such as observing the driver looking down at a phone.
- Police Report: Police reports typically include observations from the responding officers and statements collected from those involved and witnesses. In some cases, a police officer may even cite a driver for a distracted driving violation.
- Cell Phone Data: Cell phone records can be subpoenaed to show activity such as calls, texts, or app usage at the time of the crash, pinpointing driver distraction. Data logs from mobile carriers or apps can establish a precise timeline, correlating phone use with the moment of the accident. An expert may be called upon to analyze cell phone records.
- Photos/Video: Photos or videos from the scene can capture the driver holding a phone or other electronic device immediately before or after the accident. For example, dashcam footage from one of the vehicles involved could provide relevant evidence.
Recovering Full and Fair Compensation for a Distracted Driving Accident Injury
Hurt in a crash with a distracted driver in Chicago or elsewhere in Cook County? You have the right to seek compensation for the full extent of your damages, including intangible losses. Insurance companies must be held accountable for paying claims. Our Chicago distracted driving accident lawyers help injured victims fight for the maximum settlement or verdict. Along with other types of damages, you may be able to recover compensation for:
- Automobile repairs;
- Emergency room care;
- Hospital bills;
- Other medical costs;
- Long-term medical care;
- Loss of current/future earnings;
- Pain and suffering;
- Physical impairment; and
- Wrongful death.
How the Chicago Car Crash Attorneys at Kennedy Watkins Can Help
Distracted driving accident claims are complicated. Following a bad crash with a distracted driver, it is imperative that you are able to prove fault and recover full and fair financial compensation for your damages. Do not rely on any insurance company to look out for your best interests. At Kennedy Watkins LLC, we have a team of top-rated Chicago attorneys who have what it takes to fight for justice for victims and families. Our verdicts and settlements tell the story. We are prepared to review your case, answer questions, and develop a personalized strategy to get you results.
Contact Our Chicago Auto Accident Lawyer Today for a Free Consultation
At Kennedy Watkins LLC, our Chicago distracted driving accident lawyers are aggressive, experienced advocates for injured victims. Hurt in a collision with a distracted driver? Get in touch with us today for your free case review. With a legal office in Chicago, our attorneys take on distracted driving accident cases in Cook County and all across Northern Illinois.