Des Plaines Distracted Driving Accident Lawyer

If you were hurt in a distracted driving crash near Des Plaines, you are not alone. These accidents happen every day on local roads like Rand Road, Golf Road, and along the I-294 Tri-State Tollway corridor. A driver who looked down at a phone for just a few seconds can change your life forever. At Briskman Briskman & Greenberg, we fight for injured people throughout the Chicago area, including Des Plaines and the surrounding communities. If you have questions about your rights, we are here to help you understand your options and take action.

Table of Contents

• The Distracted Driving Problem in Des Plaines and the Chicago Area
• Illinois Distracted Driving Laws and Your Legal Rights
• Common Causes and Types of Distracted Driving Accidents Near Des Plaines
• What Illinois Law Requires After a Crash, and What You Should Do
• How Briskman Briskman & Greenberg Builds Your Distracted Driving Case
• FAQs About Des Plaines Distracted Driving Accidents

The Distracted Driving Problem in Des Plaines and the Chicago Area

Des Plaines sits at a busy crossroads. Commuters pour through the city daily, using roads like Lee Street, Oakton Street, and the Northwest Tollway (I-90) to get in and out of Chicago. With that kind of traffic volume, distracted driving is a constant threat. You see it at every red light and every merge, a driver with eyes down and a phone in hand.

Illinois saw 122 fatalities in 2024 due to distracted driving. That number does not include the thousands of people who survived crashes but walked away with broken bones, head injuries, spinal damage, or lasting trauma. Eight percent of fatal crashes, an estimated 13% of injury crashes, and an estimated 13% of all police-reported motor vehicle traffic crashes in 2023 were reported as distraction-affected.

Think about what that means on a road like Mannheim Road near O’Hare International Airport, or on the tight surface streets around the Des Plaines Metra station. One moment of inattention is all it takes. The act of glancing at a phone for just 5 seconds while traveling at 55 mph means that the driver covered the entire length of a football field with no awareness of what was happening around them. That is not a minor lapse in focus. That is a deadly choice.

Driver inattention is a factor in more than 1 million crashes in North America annually, resulting in serious injuries, deaths, and an economic impact that some experts say reaches nearly $40 billion per year. The numbers are staggering, but behind every statistic is a real person, a real family, and a real loss. If you or someone you love was hurt by a distracted driver near Des Plaines, you deserve to know what Illinois law says about your right to recover compensation.

Illinois Distracted Driving Laws and Your Legal Rights

Illinois has some of the clearest distracted driving laws in the country. Understanding those laws matters when you are building a personal injury claim. By Illinois law, distracted driving, including using your cell phone or any other electronic communication device while driving a car, is illegal in most cases. The law is found at 625 ILCS 5/12-610.2, and it covers far more than just texting.

Illinois law prohibits the use of electronic communication devices to write, send, or read text messages, emails, or other electronic communications while driving. In 2024, legislation went into effect that also made it illegal to use teleconferencing apps, watch videos, or access social media sites while driving. So a driver who was on a Zoom call or scrolling Instagram when they hit your car was breaking the law. That violation becomes powerful evidence in your civil case.

Hands-free devices or Bluetooth technology is allowed for persons aged 19 and older. Drivers under 19 may not use hands-free devices at all. If the at-fault driver was a teen who was using any kind of device, the legal exposure is even greater.

When a driver violates 625 ILCS 5/12-610.2 and causes an accident that injures someone, Illinois law allows the injured party to pursue a negligence claim. The driver’s traffic violation can be used as evidence of negligence per se, meaning the violation of the law itself helps establish that the driver failed to meet the standard of care. Under Illinois’s joint and several liability rules (735 ILCS 5/2-1117), defendants whose fault is 25% or greater of the total fault are jointly and severally liable for all damages. This matters when multiple parties share responsibility for your crash.

You also need to act quickly. 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 that deadline can cost you your right to recover anything at all. Do not wait to speak with an attorney.

Common Causes and Types of Distracted Driving Accidents Near Des Plaines

Distracted driving is not only about phones. It covers any behavior that pulls a driver’s attention away from the road. That said, phone use remains the most common and most dangerous form of distraction on Des Plaines roads. The use of a cell phone while driving increases your chance of getting into a crash by 400%.

Other forms of distraction that cause serious crashes include eating and drinking behind the wheel, adjusting GPS or radio controls, talking to passengers, grooming, and reading maps or printed directions. The NHTSA estimates that simply reaching for an object makes drivers 9.1 times more likely to be involved in a crash. Cellphone usage increases the risk of an accident by approximately 3.6 times. Other dangerous behaviors include adjusting in-vehicle devices like radios, raising crash risk by 2.5 times, and eating, increasing crash risk by 1.8 times.

The types of crashes that result from distracted driving vary. Rear-end collisions are extremely common, especially on busy stretches like Dempster Street or near the Tri-State Tollway ramps. Intersection crashes happen when a driver runs a red light or fails to yield because their eyes were elsewhere. Sideswipe accidents occur when a distracted driver drifts out of their lane on highways like I-294 or I-190 near O’Hare. Pedestrian and bicycle accidents also happen with alarming frequency, particularly near the Des Plaines River Trail or in the downtown Des Plaines area around Miner Street.

Injuries from these crashes range from whiplash and soft tissue damage to traumatic brain injuries, spinal cord damage, broken bones, and internal organ injuries. Some victims suffer permanent disabilities that affect their ability to work and enjoy life. The compensation you may be entitled to includes medical expenses, lost wages, pain and suffering, and more. A skilled attorney can help you identify every category of damages that applies to your situation.

If you were hurt in a rideshare crash, the legal picture can get more complicated. Our Chicago Uber accident lawyer team handles these cases and knows how to pursue claims against multiple parties, including the driver and the rideshare company.

What Illinois Law Requires After a Crash, and What You Should Do

After a distracted driving crash in Des Plaines, both the law and your own interests demand that you take specific steps. Illinois law under 625 ILCS 5/11-401 is very clear. The driver of any vehicle involved in a crash resulting in personal injury must immediately stop at the scene, or as close to it as possible, and remain there until all legal requirements are met. A driver who leaves the scene commits a Class 4 felony. If the crash results in a death, failure to report can rise to a Class 1 felony under that same statute.

From your perspective as the injured party, here is what you should do. Call 911 right away and get a police report filed. That report documents the scene and often notes whether distraction was a factor. Take photos of vehicle damage, road conditions, skid marks, traffic signals, and your visible injuries. Get the names and contact information of any witnesses. Seek medical care immediately, even if you feel fine at the moment. 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.

Do not give a recorded statement to the other driver’s insurance company before speaking with an attorney. Insurance adjusters are trained to minimize what they pay out. Anything you say can be used to reduce or deny your claim. Contact Briskman Briskman & Greenberg as soon as possible so we can help protect your rights from the very beginning. We serve clients throughout the Chicago area, and our team is familiar with the Cook County court system, including the Richard J. Daley Center in downtown Chicago where many civil cases are filed.

We also handle distracted driving cases in other parts of Illinois. If you need a Rockford car accident lawyer, a Belleville car accident lawyer, a Champaign car accident lawyero un Gurnee car accident lawyer, our firm is ready to help across Illinois.

How Briskman Briskman & Greenberg Builds Your Distracted Driving Case

Proving a distracted driving case takes more than pointing at a phone. It takes a thorough investigation, the right evidence, and a legal team that knows how to present your claim effectively. At Briskman Briskman & Greenberg, we work hard to gather every piece of evidence that supports your case.

We start by reviewing the police report and any citations issued at the scene. If the at-fault driver received a ticket for violating 625 ILCS 5/12-610.2, that citation is a strong foundation for your civil claim. We also work to obtain cell phone records through the legal discovery process. Those records can confirm whether the driver was texting, on a call, or using an app at the exact time of the crash. It takes an average of 27 seconds for the brain to re-focus on the road after a glance at a screen. Even a brief moment of phone use can be directly tied to the crash.

We also look at traffic camera footage, dashcam video, and surveillance footage from nearby businesses. The Des Plaines area has cameras along major corridors, and that footage can be critical. Witness testimony from other drivers, passengers, or pedestrians can further support your account of what happened.

Our attorneys understand Illinois negligence law and how to apply it to distracted driving cases. We know how to calculate the full value of your damages, including future medical costs, lost earning capacity, and non-economic damages like pain and suffering. We negotiate hard with insurance companies, and when they refuse to offer a fair settlement, we are prepared to take your case to trial.

We handle cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. There is no risk in calling us. We offer free consultations, and we will give you an honest assessment of your case from the start. Whether your accident happened near Oakton Community College, along the Des Plaines River, or on the busy commercial strips near the intersection of Lee and Touhy, we are here for you.

FAQs About Des Plaines Distracted Driving Accidents

How do I prove the other driver was distracted at the time of my crash?

Proving distraction often comes down to evidence gathered after the crash. Cell phone records can show whether the driver was texting or using an app at the time of the collision. Police reports sometimes note distraction as a contributing factor. Witness statements, traffic camera footage, and dashcam video can all help. An attorney can use the legal discovery process to subpoena phone records and other evidence that you could not access on your own.

How long do I have to file a personal injury lawsuit in Illinois after a distracted driving accident?

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. If you miss that deadline, you lose your right to sue. There are limited exceptions, such as cases involving minors, but you should not count on an exception applying to your situation. Contact an attorney as soon as possible after your crash to protect your rights.

What compensation can I recover after a distracted driving accident in Des Plaines?

You may be entitled to a wide range of damages. These include past and future medical expenses, lost wages, loss of future earning capacity, property damage, and non-economic damages like pain and suffering and loss of enjoyment of life. In cases involving especially reckless behavior, punitive damages may also be available. The specific amount depends on the facts of your case, the severity of your injuries, and the strength of the evidence.

What if I was partly at fault for the accident? Can I still recover compensation?

Yes, in many cases you can still recover. Illinois follows a modified comparative fault rule. Under this system, you can recover damages as long as you are not more than 50% at fault for the crash. However, your total compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you would receive $80,000. An attorney can help you understand how fault might be allocated in your specific situation.

Does it matter if the distracted driver was cited by police but not convicted?

A criminal conviction is not required for you to win a civil personal injury case. The standards are different. In a civil case, you must prove your claim by a preponderance of the evidence, meaning it is more likely than not that the driver was negligent. A police citation for violating Illinois’s distracted driving law (625 ILCS 5/12-610.2) can be strong supporting evidence in your civil case, even if the driver later contests or avoids the criminal charge. Your civil claim stands on its own legal footing.

More Resources About Vehicle Injuries

• Dangerous Roads & Intersections in Des Plaines
• Des Plaines Bicycle Accident Lawyer
• Des Plaines Car Accident Lawyer
• Des Plaines Drunk Driving Accident Lawyer
• Des Plaines Fatal Car Accident Lawyer
• Des Plaines Motorcycle Accident Lawyer
• Des Plaines Pedestrian Accident Lawyer
• Des Plaines Truck Accident Attorney
• Des Plaines Uber Accident Lawyer
• Des Plaines Lyft Accident Lawyer
• Des Plaines Uninsured Motorist Accident Lawyer