Chicago Texting While Driving Accident Lawyer

The crash risk increases whenever a driver picks up a phone while behind the wheel. Distracted driving has become one of the most common causes of accidents in Illinois, leading to thousands of injuries and preventable deaths. In 2023, cell phone use was a factor in 2,510 roadway crashes across the state, resulting in 15 deaths and 1,013 injuries. These numbers highlight the growing danger of using a phone while driving.

Illinois law prohibits texting and handheld phone use while operating a vehicle, yet drivers continue to engage in these behaviors daily. The Illinois State Police issued 10,751 citations and over 9,656 warnings for distracted driving violations in 2023 alone. You have the right to seek compensation if you were injured by a driver texting, making a call, or engaging in another distraction. Understanding Illinois distracted driving laws and how they apply to your case can help you take the next steps toward financial recovery.

How Cell Phone Use Affects Driving Performance

Many drivers believe they can safely send a quick text or answer a phone call without consequences. However, research shows that even a few seconds of distraction can have devastating results.

A driver traveling at 55 mph who looks at a phone for just five seconds will cover the length of a football field without watching the road. In that time, traffic patterns can change, pedestrians can enter a crosswalk, and vehicles ahead can stop suddenly. A distracted driver may not react in time to avoid a crash.

The impact of cell phone use behind the wheel extends beyond reaction time. Drivers who use a phone experience:

• Reduced situational awareness. Distracted drivers are less likely to notice traffic signals, road signs, or sudden changes in conditions.
• Impaired judgment. Multitasking slows cognitive processing, making it harder to assess risks.
• Delayed braking. A driver engrossed in a text message often takes longer to react to hazards, leading to rear-end collisions.
• Drifting between lanes. Without full attention on the road, drivers may unknowingly swerve into adjacent lanes, putting themselves and others in danger.

Cell phone use is especially dangerous for teen drivers. The National Highway Traffic Safety Administration (NHTSA) reports that dialing a cell phone while driving makes a teenage driver six times more likely to crash. Even worse, teen drivers who text behind the wheel are 23 times more likely to be involved in a collision.

The Dangers of Texting & Driving in Illinois Infographic

How Distracted Driving Causes Serious Injuries

The momentary lapse in attention caused by texting or talking on the phone can lead to high-impact crashes. Unlike minor fender benders, distracted driving accidents often occur at full speed because the driver fails to react before the collision. This leads to a range of severe injuries that can have long-term effects.

• Rear-End Collisions. When drivers are distracted, they often fail to notice slowing traffic ahead. A delayed reaction leads to high-speed rear-end crashes, causing whiplash, spinal injuries, and concussions. Even low-speed impacts can result in chronic neck pain and mobility issues.
• Side-Impact Crashes. A distracted driver who drifts into another lane or runs a red light can cause a T-bone collision. These crashes are particularly dangerous because the side of a vehicle offers less protection than the front or rear. Head trauma, broken ribs, and internal organ damage are common in these accidents.
• Pedestrian and Cyclist Injuries. A driver looking at a phone may not see someone crossing the street or biking in a designated lane. Pedestrians and cyclists have no protection against a moving vehicle, making these accidents frequently fatal or resulting in catastrophic injuries such as skull fractures, spinal cord damage, and traumatic brain injuries.
• Rollovers and Multi-Vehicle Accidents. A distracted driver who loses control may veer off the road, strike a barrier, or overcorrect, causing the vehicle to roll. This can also lead to chain-reaction crashes involving multiple cars. The forces involved in rollovers and multi-vehicle crashes often lead to life-altering spinal injuries, amputations, and severe burns.

In 2022, distracted driving was responsible for 3,308 traffic fatalities nationwide. These deaths are preventable, making it essential to hold reckless drivers accountable for their actions.

The Cost of Distracted Driving: Financial and Emotional Consequences

Recovering from a distracted driving accident can be an overwhelming process. Beyond physical injuries, victims often face financial hardships and emotional distress. The cost of medical treatment, lost income, and long-term rehabilitation can add up quickly. Holding the at-fault driver accountable can help offset these expenses.

What Compensation Can You Recover?

Victims of distracted driving accidents may be entitled to financial recovery for:

• Medical Expenses. This includes hospital visits, surgeries, physical therapy, and long-term care. Emergency treatment, follow-up appointments, and rehabilitation costs can also add up quickly, leaving victims with overwhelming bills.
• Lost Wages. Compensation for missed workdays and reduced earning capacity. Some victims may be unable to return to their previous jobs or may need to work fewer hours due to lasting injuries.
• Pain and Suffering. Physical pain, emotional trauma, and reduced quality of life. Chronic pain, anxiety, and post-traumatic stress disorder (PTSD) can affect daily activities and relationships.
• Property Damage. This includes the cost of repairing or replacing a damaged vehicle. Vehicles may be totaled in severe crashes, requiring victims to purchase a new car or pay for extensive repairs.
• Disability and Disfigurement. Compensation for permanent injuries that affect daily life. Spinal cord damage, amputations, and scarring can impact mobility and self-confidence, leading to long-term adjustments.

Some cases may also qualify for punitive damages if the at-fault driver’s actions were particularly reckless, such as texting while speeding or causing a fatal crash. Insurance companies often try to minimize claims by blaming the victim or downplaying the severity of injuries. A lawyer can help collect evidence—such as cell phone records, surveillance footage, and witness statements—to prove the at-fault driver was distracted at the time of the crash and fight for the full compensation you deserve.

Legal Consequences for Distracted Drivers in Illinois

Illinois has strict laws prohibiting distracted driving. Under 625 ILCS 5/12-610.2, using a handheld device while driving is illegal for all drivers. Additional restrictions include:

• Texting while driving is banned;
• Drivers under 19 cannot use any electronic device, including hands-free technology; and
• Using a phone in a school zone or construction zone is prohibited.

Penalties for Distracted Driving

• First offense – $75 fine;
• Second offense – $100 fine;
• Third offense – $125 fine; and
• Fourth and subsequent offenses – $150 fine.

If a distracted driver causes a crash resulting in serious injury or death, they may face criminal charges, license suspension, and civil lawsuits. However, a criminal charge is not required for an injured victim to pursue compensation through a civil claim. The burden of proof in a criminal case is beyond a reasonable doubt, which is a high standard. In a personal injury lawsuit, the standard is a preponderance of the evidence, meaning it is more likely than not that the driver’s distraction caused the crash. This lower burden makes it possible to hold a negligent driver financially accountable, even if they are not convicted of a crime. Evidence such as phone records, traffic camera footage, and witness statements can help establish fault in a civil case, ensuring that victims can recover damages for medical bills, lost wages, and other losses.

Speak with a Knowledgeable Chicago Distracted Driving Accident Lawyer Today

If you or someone you care about was recently hurt in a distracted driving accident, it can feel as though your life has been turned upside down. As overwhelming as the situation may feel, you don’t have to go through it alone. At Briskman Briskman & Greenberg, our Chicago car accident lawyers have a proud history of fighting for the rights of injury victims and their families. We’ve been aggressively representing the interests of accident victims since 1987 and look forward to learning more about how we can help with your case. We offer free consultations to discuss your case, answer your questions, and explain how we can help. To learn more, call Briskman Briskman & Greenberg at 877-595-4878 or connect with one of our attorneys through our secure online contact form.