Texting and Driving
With more drivers multitasking and using technology while driving than ever, distracted driving motor vehicle accidents are continuously on the rise. If you get injured in a distracted driving accident, it is important to understand your rights in terms of recovering financial compensation for your losses. Do not accept an insurance settlement without consulting a car accident lawyer in Chicago.
Why Is Texting and Driving So Dangerous?
Distracted driving of any type is harmful, as a distracted driver cannot dedicate 100 percent of his or her attention to the road and driving task. This can lead to dangerous mistakes such as running red lights and stop signs, failing to yield the right-of-way at intersections, failing to hit the brakes in time to avoid a rear-end collision, and failing to see a pedestrian who is crossing the road. These driver errors can result in serious automobile accidents.
Texting and driving is recognized as the most dangerous form of distracted driving. Texting constitutes a manual, visual, and cognitive distraction. According to the National Highway Traffic Safety Administration, the amount of time it takes to read or write a single text message (approximately five seconds) while traveling at a speed of 55 mph is the equivalent of driving across a football field with your eyes closed.
Chicago Texting and Driving Laws
Texting or any manual manipulation of a cell phone while driving is against the law in Illinois. State law only permits the use of a phone through voice commands or a Bluetooth headset, and only for drivers aged 19 and older. The only time a driver in Illinois can use a handheld cell phone is to report an emergency, while stopped (with the vehicle in park) and while parked on the shoulder of a roadway.
Is Illinois a No-Fault State?
No, Illinois is not a no-fault state. The state’s at-fault law means you have the right to file a claim with the at-fault driver’s car insurance company to seek benefits that pay for your medical bills, property damage, and other losses related to the crash.
All drivers in Illinois are required to maintain a minimum amount of insurance to ensure that they can pay for damage caused in accidents. If the insurance company argues against the fault of its driver, however, you will have to prove that he or she is responsible.
How to Prove a Texting and Driving Claim
A texting and driving accident claim can be difficult to handle, especially if there are complications such as severe injuries, wrongful death, or a liability dispute. You may have to provide evidence that proves your claim and shows that the other driver was texting or distracted.
Helpful evidence may include:
- A police report or citation for a moving violation
- Statements from witnesses who saw the driver using a cell phone
- Surveillance footage of the driver or the crash
- Photographs of the crash scene
- The driver’s cell phone records
- Your medical records and photos of your injuries
A Chicago car accident lawyer can help you preserve and collect evidence to support your claim and achieve a fair payout. If required, a lawyer can hire experts at the top of their fields to provide testimony, such as crash reconstruction experts who can prove that the other driver was distracted or violated a traffic law.
When to Contact a Car Accident Attorney in Chicago
Bringing justice against a distracted driver who was texting at the time of your accident in Chicago may require assistance from an experienced car accident lawyer. This is especially true if you or a loved one suffered a catastrophic or permanent injury that affects your future.
Without an attorney, a car insurance company may try to take advantage of you and convince you to accept a settlement that is less than you deserve. The right personal injury lawyer will know how to file a claim, prove distracted driving, and negotiate for maximum results on your behalf.
If you’ve been injured by a driver distracted by their cell phone, call Taxman, Pollock, Murray & Bekkerman, LLC to schedule your free consultation today.