Have you been injured in a distracted driving accident? Hire an expert Chicago distracted driving accident lawyer for legal assistance.
In 2019, 3,166 people were killed in crashes involving negligent drivers. That’s 10% of all traffic fatalities. While this number is down from the previous year, it’s still far too high.
Are you a victim of a distracted driving crash in the Chicagoland area? The personal injury attorneys at Rosenfeld Injury Lawyers, LLC, can help you get the compensation you deserve.
Schedule a free consultation with an experienced Chicago distracted driving accident attorney at (888) 424-5757 to obtain the monetary compensation you deserve for your losses incurred due to someone’s negligence.
What Is Distracted Driving?
The US Department of Transportation report says that any activity that diverts attention from the driving task is a distraction. Distractions could include cell phone use, texting while driving, using an electronic gadget, eating or drinking, and talking to passengers.
Distractive driving is a significant problem in the United States. The results of a study by the National Highway Traffic Safety Administration (NHTSA) [1] show that drivers using cell phones are four times more likely to get into crashes because of visual distractions and cause injury.
A Virginia Tech Transportation Institute (VTTI) study found that when distracted drivers take their eyes off the road and hands off the steering wheel to text, they are 23 times more likely to have a fatal crash.
Are Distracted Driving Accidents Common?
Data shows that the number of fatal crashes attributed to reckless driving and driver distraction is rising. Most fatal crashes involve novice drivers, especially teen drivers who use cell phones.
Every day in the United States, at least nine people are killed and more than 1,000 injured in distracted driving crashes that involve a distracted driver.
Distracted drivers are at a notably higher risk of motor vehicle accidents when using their mobile devices than ever before. The National Safety Council [2] reports that cell phone use and other cognitive distractions while driving have increased by 500 percent since 2000.
The Legal Ramifications of a Distracted Driving Accident
When you get injured in distracted driving car accidents, you may be able to file a personal injury lawsuit against the driver who caused the accident.
As a result, you might be able to recover compensatory damages for your injuries. There are some ways you can take action legally:
File an Insurance Claim Against the Driver’s Insurance Company:
The defendant’s insurer will be liable for damages from a car accident caused by a negligent driver.
File a Lawsuit Against the Driver:
If the driver’s insurance carrier refuses to offer a fair settlement, you may need to file a lawsuit to get the fair compensation you deserve.
File a Lawsuit Against the Electronic Device Manufacturer:
Filing an insurance claim or lawsuit can be complicated, but it is the only way to ensure you receive the fair compensation you need for your losses. That’s where experienced accident attorneys can help.
Distracted driving [3] typically refers to activities that take the motorist’s attention away from the road.
The Common Causes of Distracted Driving Accidents
A distracted driver may engage in many activities that lead to an accident. However, the leading cause of a distracted driving accident might include the following:
- Texting while driving or talking on the cell phone is one of the most dangerous driver distractions, as it takes your eyes and attention off the road. Although using hands-free settings to make or accept phone calls is slightly safer, it can still cause cognitive distraction. Drivers must behave responsibly while driving.
- Eating or drinking while driving can be dangerous, leading to drivers taking their eyes off the road.
- Talking to passengers in the car can also be distracting, as it can take attention away from the road and other vehicles.
- Navigation systems can be considered manual distractions since they can divert a driver’s resignation from the road.
- Drunk driving [4] is always considered a form of driving distracted, as it can lead to drivers taking their eyes off the road and making poor decisions.
No matter what caused the accident, you may be able to file a lawsuit if you were injured. Many drivers continue to engage in these activities despite the dangers of driving distracted.
Every driver under 19 is forbidden from using their cell phone, whether hands-free or not, while operating any moving vehicle. The only exception is in an emergency where they must use their phones while still paying attention to the road.
Is Using a Hands-Free Device Illegal?
During an accident investigation, the police officer will likely determine if the other driver used their mobile phone when the crash occurred.
The police report will document the vehicles involved and possibly determine if either driver was using a Bluetooth-connected phone or device when the crash occurred.
Fortunately, cell phone records can be used in court that might reveal the other driver was on the phone or texting when the crash occurred.
Can I Recover Damages If I Am Partly at Fault for an Accident?
If you are partly at fault for an accident, you have legal options and may still be able to recover damages.
In an injury claim, the plaintiff (in this case, you) must prove that the defendant (the other at-fault distracted driver) was negligent in causing the accident.
If one can prove that the other driver was at fault and that their negligence caused the accident, you may be able to recover damages, even if you were also negligent.
However, your damages will be reduced by the percentage of fault attributed to you.
For example, if the court finds you are 25% at fault for the accident, you will only recover 75% of your damages.
Distracted driving statistics are clear-cut: If we reduce the number of accidents and injuries caused by driver distraction [5], we need to change our attitudes about it and drive a motor vehicle safely.
It is important to note that if you are partly at fault for the accident, you may still be able to file a lawsuit against the other driver.
Distracted Auto Accident Causes Serious Injuries
Any activity that takes the driver’s attention away from the road can lead to an accident, often resulting in serious injuries.
Some of the most common injuries sustained in distracted driver accidents requiring medical treatment include:
- Head injuries
- Neck injuries
- Back injuries
- Spinal cord injuries
- Broken bones
- Lacerations
- Traumatic brain injury [6]
The internal injuries sustained in a distracted driving accident can be life-altering and expensive to treat.
If you have been injured in a distracted driving accident, speak to an experienced lawyer immediately.
In addition, our law firm offers free consultations to accident victims. You may be able to file a lawsuit against the other driver for negligence in causing the accident.
The court will determine who was at fault for the accident caused by negligence and apportion damages accordingly.
Car accident injuries can be severe, regardless of the cause. For this reason, you should always speak to experienced lawyers if you have been injured in an accident.
A distracted driving accident lawyer in Chicago, Illinois, can help you understand your rights and what steps to take next.
How the Statute of Limitations May Affect Your Injury Case
The statute of limitations is a law that limits the amount of time you have to file a lawsuit. In most distracted driving cases, the statute of limitations for filing a civil lawsuit is two years.
However, the statute of limitations may be shorter or longer depending on the state in which you live. Someone injured in a car accident may have even less time to file a lawsuit [7].
It is important to note that the statute of limitations for civil liability starts on the accident date rather than when you learn of your severe injuries.
Distracted Driving Laws
Negligence is a critical component of any injury case.
To prove negligence, you must show that the defendant failed to meet a standard of care that a reasonable person would have encountered in the same situation.
Texting While Driving is a Primary Offense
To obtain compensation for a car accident where negligence was involved, you must prove distracted driving by showing how:
- The accident happened by the negligence of the other driver
- You suffered injuries and damages because the accident occurred
- Your injuries are directly the result of the negligent driver.
It is essential to note that you may be able to hold more than one party liable for an accident.
For example, if the other driver was texting at the time of the accident, you may be able to file a lawsuit against both the driver and their insurance company.
Motor vehicle accident law is complex, and it can be challenging to prove distracted driving behaviors.
So, for this reason, you should speak to an experienced injury lawyer if you have been injured in a car accident and must hold the other driver accountable.
A Chicago distracted driving injury attorney can help you understand your rights and what steps to take next.
Distracted Driving Accidents: When Should You File a Lawsuit?
Injured victims of distracted driving accidents should speak to an experienced lawyer immediately.
The Chicago distracted driving accident attorney can help you determine whether you have a valid case and can advise you on the best course of action.
It may be advisable to file a lawsuit right away in some cases. For example, the driver who caused the accident often texted or was otherwise preoccupied during the distracted driving accident.
Cell phone records could prove the driver was texting while driving [8].
Liabilities for Distracted Driving Accidents
In many forms, distracted driving is an illegal act. For this reason, if you are injured in a distracted driving accident, the distracted driver who caused the car crash because they were not paying attention may be liable for your physical injuries.
The driver’s insurance carrier may also be held liable for the accident. The insurer is legally required to cover any damages caused by an insured driver.
If the distracted driver who caused the accident scene was texting or was otherwise distracted at the time of the crash, they may be found guilty of negligence.
You may be able to hold more than one party liable for an accident, even if they are not listed in police reports, witness statements, or cell phone records.
Distracted Driving Damages That You Can Recover
Distracted driving accident victims can recover various damages, including:
- Vehicle repair or replacement
- Medical bills
- Lost wages
- Pain and suffering [9]
The recoverable damages will vary depending on the state in which you live. After suffering from car accidents or motor vehicle accidents, you may also find it challenging to return to work.
In this case, you can file a claim to recover compensation from the at-fault driver guilty of cognitive distraction.
Is It Worth Hiring an Attorney for a Vehicle Accident?
Many people are unsure whether or not they should hire an attorney after being involved in a car accident.
Hiring experienced accident attorneys is often the best decision for a victim. A Chicago distracted driving accident attorney will help you file a lawsuit and will be able to provide advice on the best course of action.
In some cases, it is advisable to file a lawsuit right away. Typically, the distracted driver who caused the accident was texting or distracted during the crash.
Contact A Chicago Distracted Driving Accident Lawyer To Handle Your Case
If you have been involved in a distracted driving accident, contacting an experienced law firm is essential. The lawyers at our firm are experienced in handling these types of cases and will help you recover the maximum amount of compensation possible.
The distracted driving accident lawyer is there to help the victim through a difficult time, and the victim should not feel shy about asking the lawyer any questions they may have.
Contact a Chicago distracted driving lawyer at (888) 424-5757 or complete our online form. Every lawyer in our law office offers a free, no-obligation case evaluation.
Resources: [1] NHTSA, [2] National Safety Council, [3] U.S. Department of Transportation, [4] NHTSA, [5] NHTSA, [6] Johns Hopkins Medicine, [7] EEOC, [8] PubMed, [9] PubMed
