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Springfield Distracted Driving Accident Lawyer
If you were hurt in a distracted driving crash in the Springfield area or anywhere in Illinois, you already know how fast life can change. One moment you’re driving south on I-55 near Springfield, and the next you’re dealing with medical bills, missed work, and a totaled car, all because another driver couldn’t put down their phone. At Briskman Briskman & Greenberg, we help injured people hold distracted drivers accountable and fight for the full compensation they deserve.
Table of Contents
- The Distracted Driving Problem in Illinois Is Serious
- Illinois Distracted Driving Laws and What They Mean for Your Case
- How Illinois Law Affects Your Right to Recover Damages
- What to Do After a Distracted Driving Crash in the Springfield Area
- Why Briskman Briskman & Greenberg Is the Right Choice for Your Case
- FAQs About Springfield Distracted Driving Accident Lawyers
The Distracted Driving Problem in Illinois Is Serious
Distracted driving is one of the most preventable causes of serious crashes, yet it keeps happening every day across Illinois. These crashes affect real people, not just statistics. They mean families changed forever, and communities across the state dealing with loss.
The problem goes beyond phones, though phones are a major factor. Glancing at a phone for just 5 seconds while traveling at 55 mph means the driver covered the entire length of a football field with no awareness of what was happening around them. Think about that the next time you drive down I-72 through Springfield or merge onto I-55 near the Lake Springfield area. A five-second glance is all it takes.
Cell phone use while driving increases your crash risk by 2 to 6 times compared to driving without distractions. That is not a minor risk. That is a dramatic increase in danger that puts everyone on the road at risk, including pedestrians near the Old State Capitol area or cyclists on the Springfield rail trail.
According to AAA, even looking at a phone while stopped at a traffic light is dangerous. It takes an average of 27 seconds for the brain to re-focus on the road after that glance at a screen. Illinois law enforcement is paying attention to this problem. The Illinois State Police dedicated 4,117 hours to distracted driving enforcement in 2024, issuing 3,095 citations. Still, crashes continue to happen. When one happens to you, you need a legal team ready to act.
Illinois Distracted Driving Laws and What They Mean for Your Case
Illinois has clear laws against distracted driving, and those laws matter when you file a personal injury claim. Illinois specifically addresses electronic device use under 625 ILCS 5/12-610.2, which generally prohibits drivers from using handheld electronic communication devices while operating a motor vehicle. This covers texting, calling, browsing, using apps, and more.
Effective January 1, 2024, it is illegal to drive while participating in any video-conferencing application such as Zoom, Microsoft Teams, or Webex. Drivers also cannot access any social media sites such as Facebook, Snapchat, Instagram, or Twitter while behind the wheel. These updates show that Illinois keeps strengthening its laws as technology changes.
Causing an accident that results in injury while breaking Illinois distracted driving laws is considered “Aggravated use of electronic communication device,” carrying much harsher fines and penalties. If the violation causes a death or serious injury, the consequences are even more severe. If the violation is a proximate cause of death or significant injury to another person, it will be charged as a Class 4 felony, and if it results in great bodily harm, permanent disability, or disfigurement, the offense will be charged as a Class A misdemeanor.
For your personal injury case, a driver’s traffic citation for distracted driving is powerful evidence. Traffic violations under 625 ILCS 5 can serve as evidence of negligence in a personal injury case. If a driver violated the handheld phone law at the time of the crash, that violation may support a finding of fault. Our team at Briskman Briskman & Greenberg knows how to use this evidence effectively to build a strong claim on your behalf. Whether you were rear-ended on Veterans Parkway or sideswiped near the Illinois State Fairgrounds, the law is on your side when a distracted driver caused your injuries.
How Illinois Law Affects Your Right to Recover Damages
Illinois uses a modified comparative negligence system, which means your ability to recover compensation depends partly on your own share of fault. Under 735 ILCS 5/2-1116, you can recover damages as long as your contributory fault is not more than 50% of the cause of your injury. However, your compensation is reduced by whatever percentage of fault is assigned to you. So if a jury finds you were 10% at fault and awards $100,000, you would receive $90,000.
Insurance companies know this rule well, and they use it against injured people. Insurance companies frequently dispute distracted driving claims. Adjusters may argue there is no direct proof of phone use or attempt to blame weather, traffic, or the injured driver. This is exactly why having an experienced legal team matters. At Briskman Briskman & Greenberg, we push back against these tactics and work to keep the focus on the distracted driver’s responsibility.
Illinois law also addresses joint and several liability under 735 ILCS 5/2-1117. Under this rule, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and related expenses. Any defendant whose fault is 25% or greater of the total fault is jointly and severally liable for all other damages. This matters when multiple parties share responsibility for your crash, such as when a rideshare driver or commercial vehicle operator was distracted while on the job. If you were hurt by an Uber or Lyft driver who was distracted, our Chicago Uber accident lawyer team can help you understand your options.
You also have a limited window to act. Under 735 ILCS 5/13-202, personal injury actions in Illinois must be filed within two years of the date the cause of action accrued. Missing that deadline means losing your right to sue entirely. Do not wait to get legal help.
What to Do After a Distracted Driving Crash in the Springfield Area
The steps you take right after a crash can make or break your case. First, stay at the scene. Under 625 ILCS 5/11-401, the driver of any vehicle involved in a crash resulting in personal injury or death must immediately stop at the scene and remain there until all legal requirements are fulfilled. Any driver who leaves the scene of an injury crash faces serious criminal penalties, including a Class 4 felony for failing to stop.
Call 911 and get medical help right away. Some injuries are not obvious at first. Some injuries, like whiplash, internal trauma, or concussions, may not appear immediately. Early medical evaluation ensures proper treatment and creates documentation that may be critical for insurance claims or legal action. Getting checked out at HSHS St. John’s Hospital or Memorial Medical Center in Springfield is a smart move even if you feel okay.
Gather evidence if you are able. Take photos of the vehicles, the road, any traffic signals, and your visible injuries. Look for witnesses near the crash site, whether it happened on South MacArthur Boulevard, near White Oaks Mall, or on the outskirts of town. Ask for the other driver’s insurance and contact information.
Most importantly, do not give a recorded statement to the other driver’s insurance company without speaking to a lawyer first. Adjusters may argue there is no direct proof of phone use or attempt to blame weather, traffic, or the injured driver. Even when a citation was issued, insurers often resist paying full compensation. Contact Briskman Briskman & Greenberg before you talk to any insurance adjuster. We serve clients across Illinois, including those who need a Rockford car accident lawyer, a Belleville car accident lawyer, a Champaign car accident lawyer, or a Gurnee car accident lawyer.
Why Briskman Briskman & Greenberg Is the Right Choice for Your Case
Distracted driving cases require more than just filing paperwork. They require a team that knows how to investigate, how to gather phone records, how to work with accident reconstruction experts, and how to stand up to insurance companies that are trying to minimize your claim. Briskman Briskman & Greenberg has been fighting for injured people across Illinois for decades, and we bring that same dedication to every distracted driving case we handle.
We understand that your injuries affect every part of your life. Medical bills pile up. You may miss weeks or months of work. You may be dealing with pain, anxiety, or a disability that changes your daily routine. Illinois personal injury law allows injured people to seek compensation for medical expenses, lost wages, reduced earning capacity, and pain and suffering when another driver’s negligence caused the crash. We work to recover every dollar you are entitled to under the law.
Our team handles cases across the state, from Chicago to Springfield and everywhere in between. Whether your crash happened near the Dana-Thomas House on Lawrence Avenue, at a busy intersection near Chatham Road, or on I-72 heading east out of the city, we are ready to help. As your Chicago personal injury lawyer, we take your case seriously from day one.
We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. There is no risk in reaching out. Call us today to talk about your case. Our team is ready to listen, answer your questions, and help you understand your rights under Illinois law.
FAQs About Springfield Distracted Driving Accident Lawyers
What counts as distracted driving under Illinois law?
Illinois law covers a wide range of behaviors. Texting, calling without a hands-free device, browsing the web, using apps, watching videos, and joining video calls while driving are all prohibited under 625 ILCS 5/12-610.2. Even adjusting GPS, eating, or interacting with passengers in a way that takes your attention off the road can support a negligence claim. If the other driver was doing anything that diverted their focus, it may count as distracted driving in your case.
How do I prove the other driver was distracted at the time of the crash?
Proving distraction takes investigation. Police reports often note whether a driver appeared to be on a phone. Witnesses can provide statements about what they saw. Cell phone records can be subpoenaed to show whether the driver was texting or calling at the exact time of the crash. Surveillance cameras near the crash site may also capture footage. At Briskman Briskman & Greenberg, we know how to gather and preserve this evidence before it disappears.
How long do I have to file a distracted driving injury claim in Illinois?
Under 735 ILCS 5/13-202, you generally have two years from the date of your injury to file a personal injury lawsuit in Illinois. Missing this deadline will almost certainly bar you from recovering any compensation. There are limited exceptions, but you should not count on them. Contact a lawyer as soon as possible after your crash to protect your right to file a claim.
What compensation can I recover after a distracted driving accident in Illinois?
Illinois personal injury law allows you to seek compensation for medical bills, future medical costs, lost wages, reduced earning capacity, property damage, and pain and suffering. In some cases, you may also recover compensation for emotional distress or loss of normal life. The total amount depends on the severity of your injuries, your medical treatment, and the impact the crash has had on your daily life and work.
Does it matter if I was partly at fault for the crash?
Under Illinois’s modified comparative negligence rule at 735 ILCS 5/2-1116, you can still recover damages even if you share some of the blame, as long as your fault does not exceed 50%. Your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $80,000, you would recover $64,000. Insurance companies often try to inflate your share of fault to reduce what they owe you, so having a lawyer on your side is important.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Springfield
- Springfield Bicycle Accident Lawyer
- Springfield Car Accident Lawyer
- Springfield Drunk Driving Accident Lawyer
- Springfield Fatal Car Accident Lawyer
- Springfield Motorcycle Accident Lawyer
- Springfield Pedestrian Accident Lawyer
- Springfield Truck Accident Attorney
- Springfield Uber Accident Lawyer
- Springfield Lyft Accident Lawyer
- Springfield Uninsured Motorist Accident Lawyer
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