The Centers for Disease Control and Prevention (CDC) says that distracted driving can cause accidents because it takes a motorist’s attention away from the road. This can slow motorists’ reaction time, prevent them from driving defensively, and lead to negligent driving practices, like speeding.
Many states throughout the country––including Illinois––have outlawed distracted driving, like texting and driving. The Illinois Department of Transportation (IDOT) says that any motorist who uses a mobile device while driving could be found in violation of the law. If you or a loved one was injured by a distracted driver, you have options when it comes to pursuing compensation.
A Chicago car accident lawyer with our firm could help you.
Examples of Distracted Driving
The CDC says that distracted driving comprises three categories: manual, cognitive, and visual distractions. When a driver employs any one of these forms of distracted driving, their risk of being in a motor vehicle collision increases by 23%, according to the IDOT.
Some examples of distracted driving can include, but are not limited to:
- Talking on the phone or texting
- Scrolling through social media or a music streaming service
- Addressing other passengers
- Eating or drinking
- Looking at a GPS
- Applying makeup
The National Highway Traffic Safety Administration (NHTSA) says that over 2,800 people lost their lives in collisions caused by distracted driving in 2018.
For a free legal consultation, call (312) 598-0739
Evidence that Could Prove You Were Harmed by Distracted Driving
At the end of the day, it does not matter whether you were harmed by distracted driving or another form of negligence. If another driver’s inability to uphold their duty of care caused your accident, you could hold them accountable for the cost of your medical bills, lost wages, and property damage costs.
However, upon filing your insurance claim, the insurer may ask that you prove how their client caused the accident. While this can be difficult to do on your own, a Chicago car accident lawyer from our firm can prove negligence on your behalf.
We Can Subpoena the Other Party’s Phone Records
If you believe that the other driver was texting and driving at the time of your accident, we can subpoena their phone records. This information can determine whether or not they were texting at the time of your collision. It can also determine if they were talking on the phone, as well.
We Can Review the Accident Report
The accident report could provide useful insight into the details of your case. If the attending law enforcement officer believed that your accident was caused by distracted driving, that information could be included in the police report. In turn, we can use this information to build your case.
We Can Interview Witnesses
People who saw your accident happen could convey important information about how your accident happened. For instance, if an eyewitness noticed that the at-fault motorist was listening to loud music before the collision, this observation could supplement your side of the story.
There are other ways in which we can prove how your accident happened. We can also watch traffic surveillance footage, consult with accident reconstruction specialists, and review the at-fault motorist’s driving record to prove your case.
You Can Pursue Compensation Even if the Other Driver Does Not Receive a Citation
After the accident, the at-fault driver in your case could have been issued a traffic citation. According to the Public Broadcasting Service (PBS), a driver who engages in distracted driving could face a fine, suspension of their license, and possibly jail time––depending on the nature of their wrongdoing.
However, even if the other driver was not issued a traffic citation or charged with an offense, you can still seek financial recovery for your losses. The penalties they face from the state and your civil case will be viewed as separate matters. Yet, if the other driver is convicted of an offense, like texting and driving, this information could be used to assign fault and liability for your accident-related losses.
An Attorney at The Kryder Law Group, LLC Can Help if You Were Hurt in an Accident
The Kryder Law Group, LLC advocates for injured people throughout the Chicago area. Today, you can begin a free case review at no cost. We can explain how the state’s statute of limitations applies to your situation, as well as how distracted driving causes accidents.
To begin a free case review, call (312) 223-1700.