Chicago Distracted Driving Accident Lawyer
Have you been injured in a distracted driving accident? Hire an expert distracted driving lawyer for legal assistance.
In 2019, 3,166 people were killed in crashes involving a distracted driver. 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 accident 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 car accident lawyer at (888) 424-5757 to obtain the monetary compensation you deserve for your losses incurred due to someone's negligence.
What Is Distracted Driving?
In the US Department of Transportation report, it is said that any activity that diverts attention from the task of driving is a form of distraction. Distractions could include cell phone use, texting and driving, using an electronic gadget, eating or drinking, and talking to passengers.
Distractive driving is a major problem in the United States. The results of a study by the National Highway Traffic Safety Administration (NHTSA) show that drivers using cell phones are four times more likely to get into crashes because of visual distractions and cause injury.
They were texting while driving even more dangerous for them. A study by the Virginia Tech Transportation Institute (VTTI) found that when distracted drivers take their eyes off the road to text, they are 23 times more likely to have a fatal crash.
The Federal Communication Commission (FCC) says that texting while driving takes your eyes off the road for an average of five seconds. At 55 mph, that's like driving the length of an entire football field with your eyes closed.
How Common Are Distracted Driving Accidents?
Data shows that the number of fatal crashes attributed to reckless driving and driver distraction is on the rise. The majority of fatal crashes involve novice drivers, especially among teen drivers engaging in cell phone use.
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. In 2016 alone, 3,450 people were killed in distraction-affected accidents.
Distracted drivers are at a particularly higher risk of motor vehicle accidents when engaging with their devices than ever before. The National Safety Council 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. In addition, there are some ways you can take action legally:
File a claim against the driver's insurance company:
The defendant's insurance company 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 company 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 manufacturer of the electronic device:
If the driver was using an electronic device at the time of the accident, you might be able to file a product liability lawsuit against the manufacturer of the device.
Filling a claim or lawsuit can be complicated, but it is the only way to ensure that you receive the fair compensation you need for your losses. That's where experienced personal injury lawyers can help.
Distracted driving typically refers to activities that take the motorist's attention away from the road. As a result, personal injury lawsuits may be brought against the other vehicle's driver for negligence in causing the accident.
The Common Causes of Distracted Driving Accidents
Many activities can distract a driver and lead to an accident, but the most common causes of a distracted driving accident include:
- 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.
- Eating or drinking while driving can be dangerous, as it can lead to spilled food or drink and a driver 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.
- Navigation systems can be considered manual distractions since they can divert a driver's resignation away from the road.
- Filling out paperwork or using a laptop while driving can also be dangerous, as it can lead to drivers taking their eyes off the road.
- Drunk driving is always considered a form of distracted driving, as it can lead to drivers taking their eyes off the road and making poor decisions.
No matter what caused the accident, if you were injured. As a result, you may be able to file a personal injury lawsuit.
Despite the dangers of distracted driving, many drivers continue to engage in these activities.
The number of accidents and injuries caused by distracted driving will only continue to increase until drivers take more responsibility for their actions and stop texting, talking on the cell phone, or doing any other activity that takes their attention away from the road.
Can I Recover If I Am Partly at Fault for an Accident?
If you are partly at fault for an accident, you may still be able to recover damages. In a personal injury claim, the plaintiff (in this case, you) must prove that the defendant (the other at-fault 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 25% at fault for the accident, you will only recover 75% of your damages.
Distracted driving statistics are clear-cut: If we are going to reduce the number of accidents and injuries caused by driver distraction, 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. The court will determine who was at fault for the accident and apportion damages accordingly.
Distracted Auto Accident Causes Serious Injuries
Any activity that takes the driver's attention away from the road can lead to an accident, and these accidents often result in serious injuries. Some of the most common injuries sustained in distracted driver accidents include:
- Head injuries
- Neck injuries
- Back injuries
- Spinal cord injuries
- Broken bones
- Traumatic brain injury
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, you should speak to an experienced personal injury lawyer as soon as possible.
In addition, our law firm offers a free consultation 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 and apportion damages accordingly.
Car accident injuries can be severe, regardless of the cause. For this reason, you should always speak to experienced personal injury lawyers if you have been injured in an accident.
A distracted driving accident lawyer can help you understand your rights and what steps you need to take next.
How the Statute of Limitations May Affect Your Personal Injury Case
The statute of limitations is a law that limits the amount of time you have to file a lawsuit. In most personal injury cases, the statute of limitations for filing a personal injury 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.
It is important to note that the statute of limitations starts to run on the date of the accident, not on the date you learn of your injuries.
The statute of limitations can be a significant factor in deciding whether or not to file a lawsuit after an accident. Speak to an experienced personal injury lawyer to determine how the statute of limitations may affect your case.
Negligence Laws and Distracted Driving:
Negligence is a critical component of any personal injury lawsuit. 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.
To obtain compensation for a car accident, you must prove:
- That the defendant was negligent
- That the defendant's negligence caused the accident
- That you suffered damages as a result of the accident
- That the injuries were not too remote or speculative
It is important 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 the driver's own insurance company.
Motor vehicle accident law is complex, and it can be challenging to prove negligence. So, for this reason, you should speak to an experienced personal injury lawyer if you have been injured in a car accident.
A distracted driving accident lawyer can help you understand your rights and what steps you need to take next.
Distracted Driving Accidents: When Should You File a Lawsuit?
Victims of distracted driving accidents should speak to an experienced personal injury lawyer as soon as possible. The distracted driving accident lawyer can help you determine whether you have a valid case and will be able to give you advice on the best course of action.
It may be advisable to file a lawsuit right away in some cases. For example, this is often the case if the distracted driver who caused the accident was texting or was otherwise distracted at the time of the crash.
The time limit for filing a lawsuit is usually two to three years, depending on the state where you live. However, the sooner you file a case, the better. Cell phone records could prove the driver was texting while driving.
It is also suggested that you keep a journal of all your medical expenses related to the accident, including medical costs, lost wages, and other costs incurred due to the crash.
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 may be held liable for your physical injuries.
The driver's insurance company may also be held liable for the accident. The insurance company is required by law to provide coverage for 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. Typically, they are responsible for your injuries and can be held liable for damages.
It is important to note that you may be able to hold more than one party liable for an accident. For example, multiple drivers may have caused the accident, allowing the victim to file an individual claim for each person involved and a lawsuit if there is no mutually agreed settlement.
Distracted Driving Damages That Can Recover
Victims of a distracted driving accident can recover various damages, including:
- Vehicle repair or replacement
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Punitive damages
- Property damage
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 personal injury claim for pursuing compensation against the at-fault driver guilty of driver 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 an experienced personal injury lawyer is often the best decision for a victim. A distracted driving accident lawyer 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 driver who caused the accident was texting or was otherwise distracted at the time of the crash.
Hiring a distracted driving lawyer makes the process easier, because:
- It simplifies the process of recovering damages. The lawyer will communicate with insurance companies on your behalf and will ensure that you receive the maximum amount of compensation possible.
- Second, a lawyer can provide invaluable emotional support. After being involved in an accident, many victims feel overwhelmed and stressed. A lawyer can help you through this difficult time.
- Finally, a lawyer can help you receive punitive damages. For example, if the driver who caused the accident was texting or was otherwise distracted at the time of the crash, they may be found guilty of negligence. Typically, they are responsible for your injuries and can be held liable for damages.
Punitive damages are a type of damages awarded in addition to compensatory damages. Punitive damages are meant to punish the defendant for their actions and deter them from repeating the behavior.
Contact A Chicago, Illinois Distractive Accident Driving Attorney To Handle Your Case
If you have been involved in a Chicago distracted driving accident, it is essential to contact an experienced personal injury law firm. The lawyers at our firm are experienced in handling these types of cases and will help you recover the maximum amount of compensation possible.
Our professional attorney team will guide you through the legal process and ensure that you receive the best possible representation.
After an accident, you may feel overwhelmed and stressed. However, it is important to remember that you are not alone. Our lawyers are here to help you every step of the way.
The relationship between the victim and lawyer is one of trust and understanding. The 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.
You can contact us by phone or by filling out our online form. Every driving accident lawyer in our law office offers a free, no-obligation case evaluation. You won't regret your decision to choose our firm.
We assure you that you will be in good hands.