If the other driver was texting when the accident occurred, you may hold the other driver accountable for their actions and seek a recovery that addresses your medical bills and lost income. Distracted driving is a significant problem on Naperville roads, where a split second of inattention can lead to a life-changing event. Illinois law is clear that using hand-held electronic devices while operating a motor vehicle is illegal, yet many individuals continue to ignore these safety regulations. When the other driver violates this law and causes you to suffer, they are responsible for the financial fallout.
If you have been injured in a collision, contact Chute, O’Malley, Knobloch & Turcy, LLC in Naperville at 312-775-0042.
What Illinois Law Says About Texting While Driving and Fault
Illinois statutes strictly prohibit the use of hand-held communication devices for any purpose while driving. This includes reading, sending, or receiving text messages, as well as browsing the internet or using social media. Because the law establishes a clear standard for safe behavior, a driver who violates this statute is often considered negligent. When you are involved in an Illinois texting while driving accident, the law allows you to hold the distracted party accountable, provided you can demonstrate that their behavior directly caused the crash. Because Illinois follows a fault-based insurance system, the driver responsible for the distraction is typically responsible for the resulting costs. If you can prove the person who hit you was using a phone, that evidence becomes a central component of your claim for damages.
Liability often depends on the duty of care. Every person behind the wheel has a legal obligation to operate their vehicle in a manner that does not endanger others. Texting diverts a driver’s visual, manual, and cognitive attention from the road, directly breaching that duty. According to data from the Illinois Department of Transportation (IDOT), cell phone use was a factor in 2,510 roadway crashes in Illinois in 2023, underscoring how frequently this behavior leads to harm on the roadways.
How Liability Is Proven When the Other Driver Was Texting
In Illinois, liability for a texting driver is established by showing negligence, which is requies demonstrating a duty of care, breach, causation, and resulting damages. Because texting while driving is illegal, showing that the other driver was texting while driving is usually sufficient to establish negligence. Proving texting while driving liability in Illinois requires more than mere suspicion that the other person was distracted. You need concrete evidence that connects their phone use to the moment of impact. While the other driver might not admit they were looking at a text, several types of evidence can help establish the truth of the situation. This evidence is crucial even after a clear fault accident because insurance companies often try to shift a portion of the blame onto you to reduce their payout.
Evidence includes:
- Cell phone records that show the timing of sent or received messages, emails, or social media activity occurring exactly when the accident happened.
- Traffic camera or dashcam footage from nearby businesses or vehicles that can provide visual, undeniable proof of the driver’s distraction.
- Witness statements from people who may have seen the driver looking down at a device.
- Police reports that may include admissions of phone use made at the scene.
- Photos of the crash scene that show a lack of skid marks, suggesting the driver never braked.
- Reports from accident reconstruction experts who can analyze skid marks, lack of braking, and damage patterns to prove the driver was inattentive
An Illinois car accident lawyer can carry out an investigation and collect evidence before it’s lost or destroyed. This is particularly important if you were hit by a car in a parking lot or hit in a crosswalk, as the driver might argue that they didn’t see you. Demonstrating that distraction caused the visibility problem can impact the results of your case.
Compensation You Can Recover After a Texting-While-Driving Accident
The financial impact of an Illinois texting while driving accident can be overwhelming. You may be facing a mountain of bills from Edward Hospital or other local medical facilities, all while being unable to return to your job. The law allows you to seek a variety of damages to make you “whole” again after the incident.
Economic Damages
Economic damages are the most straightforward to calculate. These include the actual costs you have incurred or will incur in the future because of the collision. This covers your emergency room visit, follow-up surgeries, physical therapy, and any medication required for your recovery. If your injuries prevent you from performing your duties at work, you can also seek compensation for the wages you lost during your time away.
Non-Economic Damages
Non-economic damages are also available to address the intangible ways the accident changed your life. You can seek compensation for physical pain and suffering, as well as the mental anguish that often follows a violent collision, such as anxiety, depression, or PTSD resulting from the crash. If your injuries prevent you from participating in hobbies or daily activities you previously enjoyed, the value of your claim should reflect the long-term changes to your lifestyle and ability to enjoy your daily activities.
Navigating texting while driving liability in Illinois requires a thorough understanding of how insurance companies evaluate claims. These corporations often try to shift a portion of the fault onto the victim to reduce the amount they have to pay. By working with an Illinois car accident lawyer, you can protect yourself from these tactics and ensure that the focus remains on the driver who chose to put their phone ahead of your safety.
Whether you are on a busy highway or a quiet neighborhood road, the impact of a crash caused by distracted driving can be severe. It’s crucial to take the right actions immediately after the incident, such as securing medical attention and gathering necessary information, to support you in seeking compensation for your injuries.
For help with your claim, contact a car accident lawyer to discuss your circumstances. Your main focus should be on your recovery, while your lawyer manages interactions with insurance representatives and gathers essential evidence.
If you wish to make your claim, contact us at Chute, O’Malley, Knobloch & Turcy, LLC for lawyers who are prepared to help you hold distracted drivers accountable and secure fair compensation.
Frequently Asked Questions
Is a driver automatically at fault in Illinois if they were texting while driving?
While texting is a violation of the law, fault is not always automatic. You must still prove that the texting caused the accident. However, evidence of texting is powerful in establishing negligence in an Illinois personal injury case.
How can I prove the other driver was texting at the time of the accident?
An attorney can help you obtain the driver’s cell phone records through a subpoena. Additionally, witness accounts and footage from dashboard cameras or nearby security systems can provide visual proof of the distraction.
What damages can I recover if I was hit by a distracted driver in Illinois?
You can seek compensation for medical expenses, lost wages, and property damage to your vehicle. You may also be eligible for non-economic damages, which include payment for physical pain, emotional distress, and loss of normal life if the injuries are long-lasting or permanent.
