Unfortunately, even though many people are well aware of the devastating consequences of distracted driving, texting while driving behavior still persists on the roadways. It might seem quite clear to you that the other party is at fault for the accident due to their use of a cellphone behind the wheel but illustrating this in court is another matter altogether.

If you or a loved one were injured in a car crash due to a distracted driver, a Dolton texting while driving car accident lawyer could make a difference in your case. They could gather evidence such as cell phone records and speak to witnesses to prove your case in court. Seek help from a skilled car collision attorney to learn about your legal options to recover compensation.

Filing A Civil Claim

When another party is the cause of your injuries and damages, they could be held liable in court. Every state mandates a statute of limitations to file a civil lawsuit. According to 735 Illinois Compiled Statutes Section 5/13-202, individuals are required to file their lawsuit or settle out of court no later than two years after the date of the accident.

Understanding Comparative Negligence

If another driver is completely at fault for the texting while driving accident, the motorist and their insurance carrier will be responsible for compensating the victim for their damages. However, if the defendant argues that the victim was partly responsible for the accident, the comparative fault rules in Illinois apply.

This occurs when both parties are found to share some portion of the blame for the accident. The percentage of fault assigned to each party is determined by the jury, and a plaintiff’s damage award could be reduced by their percentage of fault for the accident. If the plaintiff’s percentage of fault is 51 percent or more, they may be ineligible to recover compensation from the other party.

Recoverable Compensation for a Car Collision

An automobile crash could cause an individual to sustain serious injuries such as broken bones, spinal cord trauma, and severe head injury. Fortunately, individuals may be eligible to recover compensation for their damages. An experienced Dolton texting while driving car accident lawyer could help an injured claimant recover compensation for damages such as:

  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Lost earning capacity
  • Disfigurement and scarring
  • Lost wages

Speak to a well-practiced lawyer in Dolton to learn about which types of damages may be applicable in an individual’s case.

Speak to a Dolton Texting While Driving Car Accident Attorney

Following an automobile collision, individuals should seek the help of a knowledgeable lawyer who has experience handling distracted driver cases. A Dolton texting while driving car accident lawyer could handle the legal aspects of your case and reduce any stress you may have.

If you were seriously injured in an accident due to the negligent actions of another, seek assistance from a seasoned litigation attorney. They could help you recover the compensation you and your family need. Call today to schedule a consultation.