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Illinois has tried to stay ahead of the curve when it comes to distracted driving, enacting laws to ban texting and driving without a hands-free device.
But distracted driving continues to cause accidents that are devastating to those involved. While you are abiding by the law, others sharing the road are not if they happen to be texting; and if you are injured because of it, you deserve to be compensated for your medical bills, lost wages, property damage, emotional trauma, and pain. A Chicago texting while driving car accident lawyer can handle your claim while you concentrate on healing.
The state has passed a law that says drivers cannot use electronic devices to attend video conferences or access social media sites. These actions are considered distracted driving, which falls into three categories: visual, manual, and cognitive. These categories describe a driver’s eyes leaving the road, hands leaving the steering wheel, and their mind on something other than driving. Texting encompasses all three. Comprehensively, state law prohibits actions such as:
Distracted driving also includes actions such as eating, drinking, turning to talk to back-seat passengers, applying makeup, or any activity that falls into the three categories. A Chicago attorney could pursue financial justice for clients wronged by reckless motorists who were texting while driving.
Illinois is an at-fault state when it comes to compensating those injured in vehicular accidents. This means the motorist at-fault for the accident is tasked with compensating those injured because of their reckless or negligent behavior. This is also why Chicago drivers must carry a minimum of liability insurance. Our car accident attorneys are skilled negotiators and we do not bow down to huge insurance companies more interested in profits than people.
If negotiations break down because of ridiculous lowball offers, we move the discussion to a court of law and explain to a jury why our clients deserve adequate compensation. We must prove that the texting motorist had a duty to drive safely, breached that duty by driving distracted, which is against the law, causing an accident with injuries. Chicago plaintiffs who are injured in a texting while driving crash do not pay our lawyers unless we secure a financial payout.
The state grants plaintiffs two years to file civil lawsuits against defendants who injure them through recklessness or negligence. This statute of limitations prevents the threat of a lawsuit hanging over someone’s head indefinitely and addresses how witnesses and evidence are not as reliable as time goes on.
There are exceptions to the two-year deadline, including if the defendant is a government employee, leaves the state, or if the plaintiff is a minor. The mental health of a party is also a factor that can stop the clock until the issue is rectified.
It may seem disheartening to know that motorists cannot seem to stay off their cellphones while driving, even though that is the law, but Chicago law enforcement officers are vigilant in stopping it because of the major risks. If you are involved in one, we can help you hold the liable party accountable.
You have the right to file for compensation from the at-fault party’s insurer or by filing a lawsuit for negligence. Our personal injury law firm is committed to getting you that compensation, and you owe us nothing unless we do. Contact us now to schedule a complimentary consultation with a Chicago texting while driving car accident lawyer.