Can I File a Personal Injury Claim if I Was Hurt in an Accident Caused by Distracted Driving?

 Posted on October 27, 2020 in Car Accident

Although it may seem like second nature to experienced drivers, driving a vehicle takes a great deal of attentiveness and concentration. When a driver is distracted by his or her cellphone, GPS system, stereo, or even other vehicle occupants, the driver can make critical errors. Distracted driving is estimated to cause over 1,000 car accident injuries and approximately nine deaths every day in the U.S. In fact, some experts say that distracted driving has become an even greater danger than drunk driving. If you or a loved one were involved in a car accident caused by a distracted driver, you may be entitled to compensation.

Proving a Distracted Driver’s Negligence

Through a personal injury claim, you may be entitled to compensation for the costs incurred by your accident. You may receive compensation for your medical bills, vehicle damage, future and ongoing medical expenses, lost wages from missed work, and reduced earning capacity. If your loved one was killed in a distracted driving accident, you could be compensated for the loss of his or her financial support and household services, funeral and burial expenses, and more. However, to win a personal injury claim and recover compensation, you will need to prove that the driver’s negligence led to your injuries or your loved one’s death. An experienced personal injury lawyer can help you gather evidence that demonstrates the driver’s negligence. Police reports, photo and video evidence, data from the vehicles’ event data recorders, accident reconstruction, and eyewitness testimony may all be used to prove the driver’s fault.

Texting and Driving is Against the Law in Illinois

When a driver looks down at his or her cellphone or other electronic device, he or she cannot possibly pay attention to the road simultaneously. Texting and driving or using other smartphone applications while driving has led to countless car accidents in Illinois and across the U.S. Because of the danger it poses, Illinois has established laws prohibiting the use of hand-held phones and other electronic devices while driving. If your accident was caused by a someone texting and driving, it is possible that the driver will be considered “negligent per se.” This is a legal doctrine that makes an action automatically considered to be negligent because it is in violation of the law.

Contact a Rolling Meadows Distracted Driver Accident Lawyer

If you or a loved one were involved in a car accident caused by distracted driving, contact an experienced Arlington Heights personal injury attorney from Newland & Newland, LLP. Call our office today at 847-797-8000 and schedule a free consultation to discuss your case.

Sources:

https://www.cdc.gov/motorvehiclesafety/distracted_driving/index.html

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/distracted.html