Super Lawyers
Illinois State Bar Association
Justia Lawyer Rating
Million Dollar Advocates Forum
Avvo Rating
BBB Accredited Business

Distracted Driving Lawyer

Distracted driving includes behaviors that take a driver's attention from the road. Distracted driving refers to car accidents caused by a driver who is distracted by eating, drinking, talking on the phone, conversing with passengers, or fidgeting with various gadgets or radios while behind the wheel can all be culprits in distracted driving accidents.

The experienced personal injury attorneys at Rosenfeld Injury Lawyers LLC represent people who have been seriously injured by a distracted driver in Chicago, Illinois.

Our car accident attorneys have experience successfully resolving motor vehicle injury cases from across Illinois, and we look forward to assisting you or your family member.

Contact our law firm today for a free case evaluation with our personal injury attorneys. We handle every distracted driving accidents case on a contingency fee basis, so there is never a legal fee charged unless we are successful on your behalf.

Chicago Distracted Driving Car Accident Lawyer

Distracted Driving: Why 'Distracted Driving' Is Compared to 'Drunk Driving' in Terms of Dangers

Any time a driver looks away from the road, takes their hands from the wheel, or loses focus while operating a vehicle, there can be deadly consequences.

It only takes a moment for the person in front of them to hit their brakes unexpectedly or for an object to fly onto the road. In many aspects, a distracted driver is considered as dangerous as drunk drivers on Illinois roadways.

If the driver is distracted when a motor vehicle collision occurs, they may not be able to react in time safely. According to a National Highway Traffic Safety Administration (NHTSA) study, the majority of crashes are due to inattention by the driver in that crucial 3 seconds before a crash, accounting for 80% of crashes.

Texting while driving and using a cell phone increases the risk of an accident by twenty-three times. Reaching for a moving object increases the risk by nine times. Putting on makeup increases the risk by three times. Looking at an external object increases the risk of a collision.

Every year, tens of thousands of people are killed, and another 350,000 are injured in car accidents and truck accidents due to distracted drivers in the United States.

These people may have been in the car with the driver, walking, riding their bike, or sharing the road in another vehicle. The real tragedy is that distracted driving is completely preventable, and these losses should never have happened.

Illinois Laws to Prevent Distracted Driving Accidents

Illinois has some of the most aggressive laws on the books to prevent distracted driving.

Illinois law prohibits the following types of behavior to curb driver distraction:

  • Drivers cannot use any handheld device while driving to send text messages or use the internet
  • Hand-held electronic device use, even hands-free, when driving in a road construction zone or marked school zone is not allowed
  • School bus drivers cannot use any mobile devices at anytime (even hands-free);
  • Drivers under 18 can not use a cell phone at any time
  • No video or photos can be taken within 500 feet of an emergency accident scene

Our distracted driving accident lawyers are committed to uncovering negligent driver behavior that causes a mishap. Contact our team today to schedule a free consultation.

Texting & Driving: A Culture That Just Doesn't Stop

Texting while driving is one of the biggest distractions on the roadway. Although using a cell phone for any reason can distract a driver, texting is the most dangerous because it requires the driver to look away from the road.

An average text message takes 4.6 seconds to read, which is equivalent to motorists shutting their eyes while driving the distance of a football field at 55 MPH.

In addition to being dangerous, in Illinois, texting while operating a vehicle is against the law and is a primary offense, meaning distracted drivers can be pulled over by police for that violation alone and issued a ticket.

Chicago Distracted Driving Car Accident Attorney

Proving Liability in Distracted Driving Accidents

In a Chicago distracted driving case, proving that the other driver was distracted and their negligence caused the collision is not always easy. Although police are now better trained in Chicago auto accident investigations to look for distractions like cell phone use, sometimes it will take eyewitness accounts and other evidence to prove it.

Consequently, each car accident attorney in our law firm will regularly obtain the following evidence to establish legal responsibility (liability) and damages in Chicago distracted driving accident lawsuits:

  • Cell phone records (and phone number) showing phone calls and text messages made and received
  • Police reports
  • Photographs of vehicles involved and the scene of the crash
  • Medical records and medical expenses for past and future treatment
  • Reports from treating physicians regarding the permanency of serious injuries and medical treatment
  • Information on the negligent driver's insurance company

You will need to prove the four elements of civil tort law to win your case. These include:

  • The defendant (responsible party) had a duty of care to ensure your safety
  • The defendant breached that duty which led to a car crash
  • The accident caused your losses that could include property damage, severe injuries, or wrongful death of a loved one
  • All of your damages can be proved in court.

How a Distracted Driving Accident Lawyer Can Help

Our Chicago car accident lawyers use Illinois laws to ensure the most successful case results and personal injury claims involving distracted driving.

We currently handle personal injury cases of Chicago distracted driving in construction zones, school zones, and congested areas. After your car accident, you can rest assured that a distracted driving accident attorney will handle every aspect of your personal injury case to maximize its value.

The injury attorneys at our law office can hold the at-fault driver and their insurance company accountable through a negotiated settlement or take the lawsuit to trial. Call an accident lawyer today for a free consultation to discuss how to file a lawsuit to hold those responsible financially accountable.

Distracted Driving Car Accident FAQs

Our attorneys understand that many car accident victims hurt by a driver who was distracted have unanswered questions dealing with the other driver and their insurance company. Our personal injury attorneys have answered some of those questions below.

Do you need more information on driver distraction and who to speak to about your serious injury? Call us today at (888) 424-5757 and schedule a free case review to speak with our lawyers today.

How Many Deaths Are Caused by Texting and Driving?

According to the National Safety Council, approximately thirteen percent of all fatal crashes in the United States in 2018 resulted from distracted driving.

Statistics by the CDC (Centers for Disease Control and Prevention) reveal that nine individuals die per 1,000 injuries in crashes on American roadways and highways. Data reveals that young drivers are especially at a high risk of severe injury when texting and driving when they take their eyes off the road.

What Is the Most Common Cause of Distracted Driving?

According to the National Highway Traffic Safety Administration (NHTSA), there are three categories of distracted driving:

  • Cognitive distractions
  • Visual distractions
  • Manual distractions

In all these cases, the driver was distracted and not paying attention to the road and conditions ahead or any other driver changing lanes or slowing down.

These common distractions can lead to a loss of concentration or focus on the road, leading to an accident that roads another individual's life forever. More motorists are cited for texting or talking on a cell phone while driving than any other form of distracted driving.

The National Safety Council estimates that one out of every four car crashes is caused by one or more motorists talking on cell phones. Injury victims harmed by those who failed to drive responsibly can seek compensation to recover damages from the other driver.

Why Is Distracted Driving Bad?

Any distraction while operating a motor vehicle can divert the driver’s attention, resulting in a catastrophic accident with serious injuries and death. A driver could hit an object, lose control of their car, run off the road, or crash and others sharing the roadway.

A distracted driver not only places their lives at risk but everyone else in the vehicle and around them. Driving safely is imperative to avoid catastrophic and fatal crashes that can severely injure or kill others.

Is Texting More Dangerous Than Driving Drunk?

Statistics maintained by the National Highway Traffic Safety Administration (NHTSA) revealed that distracted driving by texting and talking on a smartphone is six times more deadly than being hit by a drunk driver.

Other studies have revealed that almost one out of four motorists texting or talking on a smartphone have slower reaction times than intoxicated motorists.

What Are the Top Distractions While Driving?

Many factors can lead distracted drivers to cause car accidents, including:

  1. Averting the driver's eyes toward other occupants inside the vehicle
  2. People, objects, or events occurring outside the vehicle
  3. Not paying attention to driving when drinking or eating
  4. Using electronic devices inside the vehicle, including a hands-free device
  5. Adjusting the radio or navigation systems
  6. Manual distractions like reaching for an item in the vehicle
  7. The driver takes their eyes off the road to look at the GPS navigation
  8. Visual distractions like when changing the interior climate or texting while driving
  9. Cognitive distraction is when the driver's mind wanders away from operating a vehicle
  10. Taking their hands off the steering wheel while smoking in the vehicle
  11. Mental distractions from moving objects
  12. Fatigue

What Happens If You Text While Driving?

If you were involved in an accident while texting and driving, you could be held legally liable for any property damage, minor harm, severe injuries, and wrongful death. Any victim can file a lawsuit to pursue compensation from you or your insurance company.

While operating a motor vehicle on side streets, alleys, city roads, freeways, highways, and tollways, it is illegal to text. Local law enforcement may deem your distracted driving as a criminal offense, charging you with a crime punishable by jail time or fines.

All injury victims can file a personal injury lawsuit against the responsible parties who caused their damages. These cases are typically settled by the defendant's insurance coverage that pays the injured party's damages, including:

  • Medical bills
  • Hospital costs
  • Lost wages
  • Non-economic damages including pain, suffering, and emotional trauma

Texting while driving is extremely dangerous. Data shows that young adults and teen drivers are more likely to text while operating a vehicle than any other age group.

Chicago Distracted Driving Car Accident Law firm

Hire an Experienced Attorney to Resolve a Chicago Distracted Driving Accident

Were you involved in an accident caused by a distracted driver that left you or a loved one injured or, even worse, caused a fatality of a loved one? If so, you need an experienced Chicago personal injury attorney on your side to ensure that you recover compensation for your injuries from the responsible parties.

The Chicago distracted driving accident lawyers at Rosenfeld Injury Lawyers LLC have successfully resolved difficult personal injury lawsuits. Our team of experts will help you prove your case. We will use our knowledge and research skills to obtain the financial outcome you deserve for your losses.

Contact our Cook County personal injury lawyers at (888) 424-5757 (toll-free phone call) to schedule a free consultation. Our distracted driving attorneys can explain how the legal process works.

We work on a contingency basis, meaning you are not charged a fee until we win your personal injury claim.

Resources:

Client Reviews
★★★★★
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa