Distracted driving remains one of the most dangerous hazards on our roads today. Every glance at a phone, bite of a sandwich, or fumble with a GPS system can increase the risk of an accident.
For victims of these accidents, understanding how distracted driving laws and accident liability intersect is crucial in seeking justice and fair compensation. At the Law Office of Jack M. Shapiro, P.C., our attorney has over 15 years of experience in personal injury law. We’re here to help you understand this critical connection and to fight for your rights if you’ve been affected.
Below, we provide an overview of comparative and contributory negligence and explain how Illinois’ distracted driving laws factor into accident liability.
What Is Distracted Driving?
Distracted driving refers to any activity that diverts a driver's attention from the road, putting others’ safety at risk. There are three main types of distractions:
Visual distractions (taking your eyes off the road), such as reading a text
Manual distractions (taking your hands off the wheel), like changing the radio
Cognitive distractions (taking your mind off driving), such as daydreaming or deep conversations
Distracted driving is a serious issue that endangers everyone on the road. By understanding the types of distractions and their potential consequences, drivers can take proactive steps to stay focused and prioritize safety.
Examples of Distracted Driving Behaviors
Distracted driving can take multiple forms. Some common examples include the following:
Texting or scrolling through social media
Using GPS or navigation systems without voice commands
Eating or drinking while driving
Grooming, such as applying makeup or brushing hair
Engaging with passengers in a way that takes attention off the road
Simple actions like putting away your phone, avoiding multitasking, and remaining alert can significantly reduce the risk of accidents. Staying attentive while driving is not just a responsibility; it's a commitment to protecting lives.
Distracted Driving Laws in Illinois
Illinois has implemented strict laws to combat distracted driving. Some of the primary laws you should be aware of include the following:
Hands-free law: Drivers are prohibited from holding an electronic device while driving. Only hands-free options are allowed, such as Bluetooth or speaker systems.
Texting ban: It's illegal to send or read texts, emails, or instant messages while driving.
School and work zone restrictions: Drivers may not use electronic devices, even hands-free, in school zones or construction zones.
Novice driver restrictions: Drivers under 19 cannot use electronic communication devices while driving. This includes wireless calls and Bluetooth.
By violating these laws, drivers can face fines, license suspensions, and other penalties. For accident victims, these violations often serve as critical factors in establishing liability.
According to the Illinois Secretary of State, the only time Illinois drivers can use a cell phone that is not hands free is to report an emergency situation, while parked on the shoulder of a roadway, and while stopped due to normal traffic being obstructed and the vehicle is in neutral or park.
How Distracted Driving Affects Liability
When it comes to auto accidents, liability often depends on the concept of negligence. Negligence occurs when a driver fails to act with reasonable care, leading to harm to others. Distracted driving is widely recognized as negligent behavior.
Establishing Fault Through Evidence
If you were injured by a crash caused by a distracted driver, one of the first legal priorities will be proving their negligence. The primary types of evidence that can be used to help establish fault include but are not limited to:
Phone records: These may show that the driver was texting or using their device at the precise moment of the crash.
Eyewitness testimony: Observations from other drivers or passengers can confirm distracting behaviors like texting or eating.
Video footage: Dashboard cameras or traffic cameras may provide indisputable proof of distracted driving.
Accident reports: Police reports often include notes about distracted behavior on the part of the at-fault driver.
Gathering this evidence can be difficult and feel overwhelming. At the Law Office of Jack M. Shapiro, P.C., we’ll work diligently to compile and analyze the evidence needed to strengthen your case. Our personal injury attorney serves clients throughout Illinois, including Buffalo Grove, Vernon Hills, Schaumburg, and Mount Prospect.
The Role of Comparative Negligence
Illinois follows a legal principle called modified comparative negligence. This means that liability can be shared between parties involved in an accident, and the compensation you’re entitled to may be reduced by your percentage of fault. If you’re found to be more than 50% at fault, you may be barred from recovering damages altogether.
Example of Comparative Negligence
Imagine this scenario: a distracted driver crashes into your vehicle while texting. However, you were also driving 10 mph over the speed limit.
After investigation, the court determines the distracted driver was 80% at fault, while you were 20% at fault. If your damages are $100,000, your compensation will be reduced by 20%, leaving you with $80,000 in recoverable damages.
At our firm, we’ll meticulously examine your case details to minimize your liability level and advocate fiercely on your behalf.
Legal and Financial Consequences for Distracted Drivers in Illinois
For distracted drivers, the consequences extend beyond initial fines and penalties. Distracted driving laws are often used to strengthen civil claims in personal injury cases, creating significant financial implications. Drivers who breach Illinois’ distracted driving laws may face significant consequences, including but not limited to:
Fines starting at $164 for a first offense, escalating for repeat violations
License suspensions after multiple offenses or if the distracted driving resulted in serious injury
Possible criminal charges in cases involving fatalities
For victims, these violations put them in a stronger position to claim fair compensation. However, in addition to legal penalties, distracted drivers may also face potential civil and insurance-related consequences. These consequences could include:
Higher insurance premiums: Insurance companies often view distracted driving violations as high-risk behaviors.
Personal liability: While insurance may cover damages, at-fault drivers can be held personally liable if damages exceed their coverage limit.
Handling recovery after an accident requires the assistance of an experienced attorney. With our extensive knowledge of serving personal injury clients throughout Illinois, we are skilled in advocating for your maximum recovery.
Protect Yourself and Others by Driving Safely
Distracted driving is more than just a personal bad habit. It’s a public safety issue. By understanding Illinois’ distracted driving laws and their implications for accident liability, we can help you protect your rights and take action when negligence leaves you injured.
At the Law Office of Jack M. Shapiro, P.C., we’ve spent over 15 years serving accident victims across Illinois, including Buffalo Grove, Vernon Hills, Schaumburg, and Mount Prospect.
If you’ve been injured in an accident involving a distracted driver, we’re here to help. Contact us today to schedule a consultation.
