Bloomington Distracted Driving Accident Lawyer

If you or someone you love was hurt in a distracted driving accident near Bloomington, you know how fast everything can change. One moment you’re driving along I-55 or heading through downtown Chicago, and the next you’re dealing with injuries, medical bills, and a totaled car. Distracted drivers cause real harm, and you deserve real answers. The team at Briskman Briskman & Greenberg is ready to help you understand your rights and fight for the compensation you need.

Table of Contents

• The Scope of Distracted Driving in Illinois
• Illinois Distracted Driving Laws You Need to Know
• How Illinois Negligence Law Affects Your Claim
• What Damages Can You Recover After a Distracted Driving Crash?
• Why Choose Briskman Briskman & Greenberg After a Bloomington Distracted Driving Crash
• FAQs About Bloomington Distracted Driving Accident Claims

The Scope of Distracted Driving in Illinois

Distracted driving is one of the most serious safety problems on Illinois roads today. Distracted driving claimed 3,275 lives across the United States in 2023. Here in Illinois, the numbers are just as alarming. Illinois saw 122 fatalities in 2024 due to distracted driving, and while those fatality numbers may be trending slightly downward, pedestrian fatalities are rising at a concerning rate.

What exactly counts as distracted driving? Distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, or fiddling with the stereo, entertainment, or navigation system. Think about how many times you’ve seen another driver looking down at their lap on the Dan Ryan Expressway or stopped at a light on Michigan Avenue. It happens constantly, and the results can be devastating.

The science behind the danger is clear. Texting is the most alarming distraction. Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed. Beyond texting, the NHTSA estimates that simply reaching for an object makes drivers 9.1 times more likely to be involved in a crash. These are not small risks. They are life-altering dangers that put every driver, passenger, cyclist, and pedestrian at risk.

Whether you were hit near Millennium Park, on I-290, or anywhere along the Bloomington corridor, the impact of a distracted driving crash can follow you for years. Medical treatment, lost income, and emotional trauma do not disappear on their own. That is why having an attorney in your corner matters from day one.

Illinois Distracted Driving Laws You Need to Know

Illinois has some of the clearest distracted driving laws in the country. 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 far more than just texting. 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. “Electronic communication devices” means cell phones, laptops, and other portable electronics.

The law also expanded in recent years. 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 driving. Young drivers face even stricter rules. Drivers under 19 may not use a phone in any way while driving, and for young or novice drivers, wireless headsets, phones mounted on dashboards, or other hands-free uses are also illegal.

When a distracted driver causes a crash that injures someone, the legal consequences go well beyond a traffic ticket. 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. From a civil standpoint, a traffic violation under Illinois law can directly support your personal injury claim. 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.

Under Illinois law, if you are injured in a crash, the at-fault driver also has a duty to remain at the scene. Under 625 ILCS 5/11-401, the driver of any vehicle involved in a crash resulting in personal injury must immediately stop and remain at the scene until all legal requirements are fulfilled. A driver who flees the scene faces serious criminal charges, including a Class 4 felony for failing to stop. This law protects you and ensures that drivers cannot simply drive away from the harm they cause.

How Illinois Negligence Law Affects Your Claim

You may be wondering: what if I was also partially at fault for the crash? Illinois law has a direct answer for that. Illinois follows a modified comparative negligence system under 735 ILCS 5/2-1116. An injured person can recover damages as long as they are less than 51 percent at fault. However, compensation is reduced by the percentage of fault assigned to the injured party. So if you were 10 percent at fault and your damages total $100,000, you would recover $90,000. You can still recover, even if you made a small mistake.

Insurance companies know this rule well, and they use it against injured victims. 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. Even when a citation was issued, insurers often resist paying full compensation. This is why having an attorney who knows how to build a strong case is so important.

Proving that the other driver was distracted takes real investigative work. Proving distracted driving requires careful investigation. Police reports, witness statements, and crash scene evidence often provide early clues. In many cases, cell phone records become critical. At Briskman Briskman & Greenberg, we work to gather the evidence needed to show what really happened. We know how to request phone records, work with accident reconstruction professionals, and build the kind of case that gets results.

Illinois law also sets a clear deadline for filing a personal injury claim. Under 735 ILCS 5/13-202, you generally have two years from the date of your injury to file a lawsuit. Missing that deadline almost always means losing your right to recover. Do not wait. Contact us as soon as possible so we can protect your claim from the start.

If you were injured in a rideshare vehicle or involved in a crash involving an Uber or Lyft driver, the legal picture becomes more complicated. Our Chicago Uber accident lawyer team handles these cases and knows how to deal with the multiple insurance layers involved.

What Damages Can You Recover After a Distracted Driving Crash?

When a distracted driver injures you, Illinois law allows you to seek compensation for the full impact of that injury on your life. 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. These are real losses that deserve real compensation.

Think about everything that changes after a serious crash. You may face emergency room bills, surgery costs, physical therapy, and follow-up appointments. Distracted driving crashes often result in serious injuries because they involve delayed reactions or no reaction at all. Common injuries include traumatic brain injuries, spinal cord injuries, fractures, internal organ damage, and severe soft tissue injuries. Victims may face extended medical treatment, physical therapy, and permanent limitations. These are not minor inconveniences. They are life-changing events that deserve full compensation.

Beyond medical costs, you may also lose income while you recover. If your injuries prevent you from returning to the same type of work, your earning capacity is reduced. You may also suffer emotionally, experiencing anxiety, depression, or post-traumatic stress. All of these losses can be part of your claim under Illinois law.

Property damage is also recoverable. If your vehicle was damaged or destroyed in the crash, you have the right to seek repair or replacement costs. In some cases, punitive damages may also be available if the distracted driver’s conduct was especially reckless. Our attorneys at Briskman Briskman & Greenberg will review every aspect of your situation to make sure nothing is left on the table.

We also handle cases across the region. If you were injured in a crash outside the city, our Champaign car accident lawyer team, our Belleville car accident lawyer team, our Gurnee car accident lawyer team, and our Rockford car accident lawyer team are all ready to help. We serve injured people throughout Illinois.

Why Choose Briskman Briskman & Greenberg After a Bloomington Distracted Driving Crash

After a crash, you need someone who will fight for you, not just push paperwork. At Briskman Briskman & Greenberg, we have spent decades representing injured people throughout Illinois, including those hurt in distracted driving crashes connected to the Bloomington area and the broader Chicago region. We know the courts, the local roads, and the tactics insurance companies use to minimize your claim.

Our firm handles cases from the Cook County courthouse to the McLean County courthouse in Bloomington. We know that the stretch of I-55 between Bloomington and Chicago sees heavy traffic every day, and distracted driving crashes happen along that corridor regularly. Whether your crash happened near the Loop, in the western suburbs, or on a rural highway, we are prepared to handle your case.

We work on a contingency fee basis. That means you pay nothing unless we recover money for you. There are no upfront costs and no hourly fees. You can focus on healing while we focus on your case. We believe every injured person deserves access to quality legal help, regardless of their financial situation.

Our team will communicate with you clearly and honestly throughout the process. We will explain your options, keep you updated, and answer your questions. We do not leave clients in the dark. When you call Briskman Briskman & Greenberg, you get a team that treats you like a person, not a file number.

If you were hurt by a distracted driver, do not face the insurance company alone. Call Briskman Briskman & Greenberg today for a free consultation. We are ready to listen and ready to help you take the next step toward recovery.

FAQs About Bloomington Distracted Driving Accident Claims

How long do I have to file a distracted driving accident 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. If you miss this deadline, you will almost certainly lose your right to seek compensation entirely. It is always best to contact an attorney as soon as possible after your crash so that evidence can be preserved and your claim can be filed on time.

What evidence is used to prove a driver was distracted at the time of my crash?

Several types of evidence can show that a driver was distracted. Police reports, witness statements, and photos from the crash scene are a good starting point. Cell phone records are often the most powerful evidence, as they can show whether the driver was texting or using an app at the exact time of the crash. Traffic camera footage, dashcam video, and accident reconstruction analysis can also play a role. An attorney can help you gather and preserve this evidence before it disappears.

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

Yes, in most cases. Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. You can recover damages as long as you are found to be less than 51 percent at fault for the crash. Your total compensation will be reduced by your percentage of fault. For example, if you were 20 percent at fault and your damages are $80,000, you would recover $64,000. Insurance companies often try to inflate your share of fault to reduce what they owe, so having an attorney on your side is very important.

What types of compensation can I seek after a distracted driving accident in Illinois?

Illinois law allows injured victims to seek compensation for medical expenses, including past and future treatment costs, lost wages, reduced earning capacity, pain and suffering, emotional distress, and property damage. In cases where the driver’s behavior was especially reckless, punitive damages may also be available. Every case is different, and the value of your claim depends on the severity of your injuries, the impact on your life, and the strength of the evidence against the at-fault driver.

What should I do right after a distracted driving crash in Illinois?

First, call 911 and get medical help for anyone who is injured. Under 625 ILCS 5/11-401, drivers involved in crashes resulting in injury must stop and remain at the scene. You should also document the scene by taking photos of the vehicles, road conditions, and any visible injuries. Get contact information from witnesses. Seek medical attention even if you feel fine, since some injuries like concussions and internal trauma may not show symptoms right away. Finally, contact an attorney before speaking in detail with any insurance company, including your own.

More Resources About Vehicle Injuries

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