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

Texting While Driving Car Accident Lawyer

texting-car-accident-attorney-chicago-illinois Thousands of people are injured each year in the United States due to texting and driving.

If you or your loved one has been the victim of an accident caused by someone else's texting, you need to speak with an experienced personal injury lawyer as soon as possible.

The experienced Chicago car accident lawyer at Rosenfeld Injury Lawyers, LLC is competent with texting and driving accident cases. We're here to help you get the compensation you deserve for your injuries.

Contact us at (888) 424-5757 (toll-free phone number) or use the contact form today for immediate legal advice from our lawyers and schedule a free consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

Distracted Driving Hurts Everyone

You're driving down the road, and suddenly you see a car in front of you quickly swerve to avoid an accident. You think to yourself, "I wonder what that driver was doing?"

The chances are good that that driver was texting and driving. According to the National Highway Traffic Safety Administration (NHTSA), 3,477 people were killed in 2018 due to distracted driving by cell phone use. That's almost ten fatalities per day.

Texting while driving is dangerous and can lead to devastating consequences. Contact our driving accident lawyer for a free consultation if you have injuries from an auto accident caused by a texter. We can help you to get the compensation you deserve for your injuries.

Statistics of Texting While Driving Accidents in the United States

In 2019, the Governors Highway Safety Association (GHSA) released a report stating a 7 percent increase in fatalities from distracted driving crashes during the previous year. The increase was mainly due to drivers who were texting behind the wheel.

The NHTSA reports that in 2017, 3,477 people were killed due to distracted driving crashes, almost ten fatalities per day. Driving accidents while texting has also caused hundreds of thousands of car accident injuries.

The federal agency reports that 20% of teen drivers and 10% of parents admit having extended conversations through their cell phones, exchanging multiple messages while driving, and inadvertently causing serious injuries.

Cell Phone Use

The incidence of using a cell phone while driving drops among every age group, with less than 1 percent of those 65 and older reporting that they use cell phones while driving.

According to the National Safety Council, in 2019, 424,000 people were injured in crashes that involved a distracted driver, accounting for 16 percent of all traffic-related accidents caused in the United States.

Many studies now show that driver texting can impair the driving skills of someone driving to the same extent as a person who has a blood-alcohol level of 0.08 percent.

In Illinois, in 2018, 9,844 vehicle accidents involved a distracted driver. These crashes resulted in 62 fatalities and 3,955 injuries.

Distracted Driving Auto Accidents

While any type of distracted driving can be dangerous, driver texting is especially so. When text messaging, you take your eyes off the road and your hands off the wheel.

Texting while driving increases your chances of being in a vehicle accident by 400%.

  1. Motorist inattention: When there is a distraction because of a text message, you are not paying attention to the road. Texting while driving can lead to two types of fatalities: it can lead to people running red lights, property damage, hitting victims, and other car crashes.
  2. Rear-end collisions: When you are text driving, you are not focusing on the cars in front of you. It can lead to drivers not braking in time and rear-ending the car, causing property damage and physical injuries.

Causes of Texting While Driving Car Accidents

Several different factors can cause a crash, including:

Driver Inexperience

Drivers who are new to driving are not as used to being behind the wheel and may not be aware of the dangers of texting while driving.

Driver Distraction

When you are driving, you should only be focusing on the road. However, when you are texting, you are focused on the cell phone, leading to drivers crashing into other cars or pedestrians.

Road Conditions

If the road is wet or icy, it is more difficult to drive. The driver can lose control of their car and collide with other vehicles or pedestrians.

Speeding

When you are driving too fast, it is more difficult to stop your car in time, leading to drivers hitting the vehicle in front of them or running into pedestrians.

Risks Associated With Texting While Driving Accident

There are several risks associated with texting and driving accidents. These include:

Injury or Death

When you are in an accident, you can sustain serious injuries or be killed. It is especially true if you are in a car accident with a texting driver.

Lawsuit

If you are involved in a texting and driving accident, you may be sued for damages, including medical bills, lost wages, and pain and suffering.

Insurance Rate Increase

If you are involved in a texting and driving car crash, your insurance company may increase your rates. You are considered a high-risk driver since you use your cell phones to text.

Liability

If you are involved in a texting while driving accident, you may be liable for the damages.

Harms That You Can Face If Involved in Distracted Driving Car Accident Injuries

If you are involved in a texting while driving accident, you can face several injuries. These can include:

Solutions for Reducing Texting While Driving Car Accidents

Persons who have sustained injuries in a texting car crash can pursue settlements from the at-fault driver for medical expenses, property damage, and other losses.

Solutions that may help decrease texting accidents include:

  1. Stronger penalties for drivers who text behind the wheel: Drivers who text while driving should face harsher penalties, such as fines and jail time.
  2. Increased education on the dangers of drivers texting while driving: All drivers should be educated on the dangers of using their cell phones to text while driving. It will help to remind them of the risks involved and may discourage them from texting and driving.
  3. With better public transportation, travelers would not need to drive as much, reducing the number of distracted drivers on the road.
  4. Automobile manufacturers install features that disable text while driving. It helps to discourage people from texting while behind the wheel.

The number of texting and driving crashes is on the rise. People rely on their cell phones more than ever.

To reduce the number of accidents, we need to implement stronger penalties for drivers who text behind the wheel, increase education on the dangers of texting and driving, and have automobile manufacturers install features that disable texting and driving.

Our seasoned car accident attorney will provide you with the legal advice you need to obtain fair compensation for injuries in a collision with a distracted driver.

What to Do If You Are in Car Accidents Caused by Texting While Driving

If you are in a crash caused by a driver who was texting while driving, there are a few things you need to do. These include:

  1. If anyone is injured, call 911 immediately
  2. Contact the police so they can file a report
  3. Exchange information with the other drivers involved in the accident, including their name, contact information, and insurance information
  4. File a claim with your insurance company
  5. Contact a car accident lawyerto advise you of your legal options and help you file a lawsuit against the person who caused the accident

Penalty for Drivers Who Text and Drive in Illinois

In the five seconds that it takes for someone traveling at a speed of 55 mph to send a text message. They have traveled the length of an entire football field.

The penalty for drivers who text and drive in Illinois is a $75 fine, it is a fairly lenient penalty, and it does not seem to be discouraging drivers from texting while driving.

Harsher penalties for drivers in Illinois who text behind the wheel may reduce the number of accidents. These penalties could include:

  • Higher fines
  • Jail time
  • License suspensions

To resolve the case of a distracted driving accident, the plaintiff must prove four elements of civil tort law. These are:

  1. The defendant owed a duty of care to the plaintiff
  2. The defendant breached that duty of care
  3. The breach of duty resulted in damages to the plaintiff
  4. The damages were a direct result of the defendant’s breach of duty

If you have injuries or know victims from an automobile accident caused by someone who was texting and driving, you may be able to file a lawsuit against them. To learn more, contact our accident lawyers today.

FAQs on Texting While Driving Car Accident

Our personal injury law firm understands that many families have unanswered questions dealing directly with the insurance companies for financial compensation. Our distracted driving attorney has answered some of those questions below.

Contact us today at (888) 424-5757 for additional information or schedule a free consultation.

Do I Need to Pay the Injury Lawyer Upfront?

No, you do not need to pay the injury lawyer upfront. The injury lawyer will only receive a payment if they win or settle your case.

Can I File a Lawsuit If I Was Partially at Fault for the Accident?

Yes, you can still file a lawsuit even if you were partially at fault for the accident. The injury lawyer will help you prove that the at-fault driver was more at fault for the accident.

Can I File a Lawsuit If Any Insurance Company Does Not Cover the Other Driver?

Yes, you can still file a lawsuit if the faulty party does not have insurance coverage. The driving accident lawyer will help you seek compensation for the driver's personal assets.

How Long Will It Take to Resolve My Case?

The length of time it takes to resolve a case will vary depending on the facts of the case and the court's schedule.

Do I Need to Go to Court If I Have an Injury Lawyer?

You do not need to go to court if you have a driving accident lawyer. The lawyer will handle all of the legal proceedings on your behalf.

Can I File a Lawsuit If I Have Injuries in a Motor Vehicle Accident Caused by Someone Who Was Texting While Driving?

Yes, you may file a lawsuit if you have injuries due to a car accident caused by someone who was distracted driving by presenting evidence, including witness statements and cell phone records, proving that the other driver's texting was the primary cause of the wreck.

To learn more, contact an accident lawyer today.

Why Are Texting and Driving Dangerous?

Distracted driving is dangerous because it takes a driver's attention away from the road. In addition, distracted drivers are hazardous because it combines two of the most distractions: texting and driving.

Hiring an Accident Lawyer for Texting While Driving Car Accident

Have you been injured in a motor vehicle accident caused by a driver who texted while driving? If so, you need to hire an experienced lawyer to help you navigate through the legal system.

A personal injury lawyer can help you file a lawsuit against the person who caused the accident and can help you obtain compensation for your injuries. To learn more, contact our accident lawyers today.

The experienced accident lawyers at Rosenfeld Injury Lawyers, LLC understand the sensitivity of texting and driving accident cases. Get your case started today by scheduling a case evaluation at our firm. We are here to help you get compensation for your injuries on a contingency fee agreement.

Contact our Chicago driving accident lawyer at (888) 424-5757 (toll-free phone number) or use the contact form today for immediate legal advice from our lawyers, and schedule your free consultation.

All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

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