In case a crash has affected you or someone dear due to a distracted driver, then it is vital to hire an experienced distracted driving attorney. Due to the gravity of the event, as well as the intricacy of evidence, you should have a person with the background in the Illinois distracted driving laws to protect your rights and receive a fair compensation.
Reasons To Hire An Attorney of Distracted Driving
Expertise in Proving Fault
- Those drivers who commit distracted behaviour (texting, phone calls, eating, adjusting GPS) have a duty of care towards other users.
- An effective lawyer is familiar with the investigation of phone records, vehicle data, witness interviews, and crush reconstruction.
- By proving that the other driver has violated his duty in Illinois through the use of a handheld device, you are likely to reinforce your negligence case.
Learning to navigate Insurance Maze
- The insurance companies usually strive to lower the payouts of distracted-driving accidents.
- An excellent lawyer processes the insurers, does not allow you to accept a low offer, and defends your rights in the process.
Getting the most out of Your Pay
- The damages may be medical expenses, lost wages, property damages, pain and suffering.
- You will have every form of documentation that your lawyer will take, no money will be left on the table.
Knowing Illinois-Specific Laws
- Being at Illinois, it is important that your lawyer is familiar with the particular laws and case law of the state in relation to distracted driving.
- The legislations are updated (e.g. in 2019) and depend on the age, device use, and zone.
Illinois Distracted Driving Laws: Explained
What is “distracted driving”?
The general meaning of distracted driving is any activity which distracts the process of driving: visual, manual or cognitive (texting, phone calls, manipulation of devices, eating).
Remark: In Illinois, the use of handheld electronic devices is underlined in the law as the most important forbidden behaviour.
Material Law- Handheld Electronic Device Ban
Personally, it is deemed unlawful by the Illinois laws (625 ILCS 5/12-610.2) to operate a handheld electronic communication device when driving.
In case of drivers less than 19 years of age, there are more restrictions (even hands-free might be limited).
Handheld devices should not be used in school areas or highway construction areas.
What is allowed?
Adult drivers are allowed to use hands-free devices (Bluetooth, voice-activated commands) in numerous instances.
The device that is used when the vehicle is parked off-road or when the driver is in the neutral/park position in clogged traffic is generally permissible.
Penalties in Illinois
First offence: minor offence fined (traditionally up to around 75 dollars on first offence) on misuse of handheld device.
In cases of second or subsequent offences, the status of moving-violation applies; fines increase (e.g. second offence is about $100, third about $125, fourth about 150 or more) and the violation will be recorded on your driving record.
In the event of a serious injury or death due to an accident of distracted driving, the charges can qualify as misdemeanour or felony.
Claiming a Case of Distracted Driving
A car accident caused by a distracted driver amounts to negligence as per the Illinois laws, the driver was mandated to operate attentively, and instead of doing so, he was on a mission to be distracted and he injured you in the process.
The Illinois time limits of personal injury car-accident cases is typically 2 years after the injury.
What To Do Right Now When you Crash into a Distracted Drives?
Seek medical attention. Injuries do not necessarily show up.
Dial the police and file a report of the accident. Make sure that the report refers to potential distractions (distracting phones, eating, etc).
Note evidence: take pictures of the scene, car damage, your injuries, and any device that the other driver could be seen using.
Admit no, and do not minimize your injuries.
Call an expert distracted driving lawyer as soon as possible the faster the action, the more the evidence is gathered.
It is not advisable to talk directly with the insurer of the other driver without the advice of your attorney.
The Construction of a Case on Distracted Driving by an Attorney
Investigation
- Collection of phone records, vehicle-data (where possible), witness-testimonies, traffic camera footage.
- Confirm device use texts, calls, applications.
- Reconstruct accident the role of the driver in his/her distraction, speed, braking, lane deviation.
Liability & Negligence
- Demonstrate driver ought to have been exercising due care and was inattentive, and, as such, violated duty.
- Call on the experience of your lawyer. It happened so quickly, I was not using the phone, etc.
Quantifying Damages
- Trace all your losses: medical bills, rehabilitation, lost wages, future care, pain/suffering.
- The emotional trauma and life-changes are covered by your attorney.
Negotiation or Trial
- Majority of the distracted driving cases are settled out, yet an effective litigant is ready to go to trial should the insurer under-value the claim.
- The presence of a legal counsel sends a message to insurers that you are serious and this can enhance the settlement offers.
How To Select The Correct Distracted Driving Attorney?
Select an individual with certain experience of distracted driving and Illinois law (not necessarily of general car-accident cases).
Check track record. have they dealt with a handheld-device law, phone-record evidence, reconstruction of an accident?
Find clear fee structure. a lot of them will take a contingency fee (you need to pay only when you are found).
Make sure that they have means of complete investigation. expert witnesses, forensic data, etc.
FAQs
What is regarded as a distracted driving offense in Illinois?
Violation takes place when a driver talks on a handheld electronic communication device when prohibited or when under the age-19. In most instances, hands-free is allowed.
Is it possible to claim in case the driver was not mentioned in a ticket?
Yes. You may also bring a personal injury action even in case the driver was not cited. You need a ticket less than the fact of distraction and causation of your injuries. That will be established with the assistance of your attorney.
Both You have been involved in a car accident because of a distracted driver, how long do I have to bring a claim?
The State of Illinois allows a general period of two years to sue someone regarding a personal injury.
What kind of compensation can I receive?
You may claim economic (medical costs, lost earnings, future treatment) and non-economic (pain and suffering, emotional distress) damages. Exceptional cases Punitive damages can be used in cases where the behavior of a driver was exceptionally reckless.
Is An Attorney Dealing With Distracted Drivers The Only One?
No, use of smartphones is not isolated, distracted driving involves any action that takes attention: eating, changing the phone, speaking to other people, grooming and so on. All possible distractions will be taken into account by a qualified attorney.