Many people’s preferred method of communication is text messaging. It is quick, simple, and fun. However, there are right times to text and wrong times. Whenever a person is behind the wheel, texting is not only dangerous but also illegal. While a driver may not be pulled over for texting while driving, if a violation of this law is suspected of contributing to an accident, the police can search a person’s phone records.
Because of the illegal nature of texting while driving, people who suffer injuries in accidents where this was the case have a somewhat simplified claim. A Des Plaines texting while driving accident lawyer represents clients who have suffered harm due to another’s distracted driving. Our team of dedicated car crash attorneys at The Kryder Law Group promote their interests in negotiations with insurance companies to work towards fair compensation for their injuries.
Illinois’ Texting While Driving Laws
Texting while driving in Des Plaines or elsewhere in the state of Illinois is outright illegal. This includes not only the sending of text messages but also emails and any other communication that requires the manual entry of characters into a device under 625 ILCS 5/12-610.2. Most violations of this statute are only noncriminal traffic violations, but a conviction can have a significant impact on a civil case. This is due to the legal concept known as negligence per se.
Normally, to prove that a defendant was negligent in a car accident case, a plaintiff must prove that the defendant’s driving was careless. This can be by following too closely, not checking blind spots before changing lanes, or even by eating while driving. In most cases, whether a defendant’s driving was negligent is open to interpretation and therefore is a judgment call. However, when the accident was caused by a defendant violating a law, no matter how minor, the court will presume that the defendant was acting negligently. Therefore, a conviction or admission by the defendant that they were texting at the time of the accident will allow the court to presume that the defendant was negligent and at fault in the collision.
Using the concept of negligence per se, our proactive legal professionals are often able to convince insurance companies that their clients were at-fault and that a quick settlement is in everyone’s best interest. A Des Plaines texting while driving accident attorney could help follow the outcome of a traffic court case to determine if a conviction may be evidence of fault for a crash.
There Is a Time Limit to Demand Compensation After a Wreck
Potential plaintiffs should be aware that they cannot file a lawsuit whenever they like. There is a time limit on cases alleging negligence known as the statute of limitations. 735 ILCS 5/13-202 gives plaintiffs two years from the date of the accident to file a case with the local court. Therefore, there is a balancing act that plaintiffs must undertake in waiting for a criminal conviction before filing their claim, but rarely will it take two years for a criminal case to be resolved. An experienced texting while driving auto collision lawyer in Des Plaines could assist clients with filing a claim within the legal timeframe.
Speak with a Des Plaines Texting While Driving Accident Attorney Today
Being injured in a car crash is never a pleasant experience. The medical bills, lost wages, and mental strain can negatively impact your life for months or years to come. It is even more concerning when that accident was the result of a person who was texting while driving. Thankfully, state law has made this practice illegal, and if a defendant is guilty of this violation, you will have a strong case.
A Des Plaines texting while driving accident lawyer at The Kryder Law Group knows how to use the law in our clients’ favor and utilizes this knowledge to negotiate successfully with insurance companies. Many cases where the defendant was texting while driving end without needing to go to court. However, there is a limited time to file a claim, so don’t delay; call us today.