Plainfield Distracted Driving Accident Lawyer

Every day, drivers on I-55 near Plainfield, along Route 30, and through the busy intersections of the Chicago southwest suburbs put themselves and others at risk by looking at a phone instead of the road. Distracted driving is one of the leading causes of serious car accidents in Illinois, and if you were hurt by a distracted driver, you deserve real answers and strong legal support. At Briskman Briskman & Greenberg, we help injured people throughout the Chicago area, including Plainfield and the surrounding communities, hold negligent drivers accountable.

Table of Contents

• How Serious Is the Distracted Driving Problem in Illinois?
• Illinois Laws That Govern Distracted Driving
• What to Do After a Distracted Driving Accident Near Plainfield
• What Compensation Can You Recover in a Distracted Driving Case?
• Why Time Matters: Illinois Statute of Limitations
• FAQs About Plainfield Distracted Driving Accidents

How Serious Is the Distracted Driving Problem in Illinois?

The numbers are hard to ignore. Illinois saw 122 fatalities in 2024 due to distracted driving. That is 122 families changed forever, and many more people left with serious, life-altering injuries. In 2023, 3,275 people were killed in distraction-affected crashes nationally, and an estimated 324,819 people were injured in crashes involving distracted drivers. These are not just numbers on a page. They represent real people driving to work on I-80, dropping kids off at school in Plainfield, or heading downtown on I-55 through Joliet.

What makes distracted driving so dangerous? 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 are on the Stevenson Expressway or crossing the Des Plaines River on Route 53. The use of a cell phone while driving increases the chance of a crash by 400%. That is not a small risk. That is a massive, preventable danger that affects everyone sharing the road.

According to AAA, even looking at a phone while stopped at a traffic light is dangerous, and it takes an average of 27 seconds for the brain to re-focus on the road after that glance at a screen. So even if a driver puts the phone down before the light turns green, they are still cognitively impaired for nearly half a minute. That is long enough to miss a pedestrian stepping off a curb, a cyclist in a bike lane, or a car stopping suddenly ahead.

If a distracted driver hurt you or someone in your family near Plainfield, Bolingbrook, Joliet, or anywhere in the Chicago metro area, contact a Chicago personal injury lawyer at Briskman Briskman & Greenberg today. The consultation is free, and there is no fee unless we recover money for you.

Illinois Laws That Govern Distracted Driving

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. That means texting, calling, browsing, and using apps while driving are all prohibited. Effective January 1, 2024, it is also illegal to drive while participating in any video-conferencing application such as Zoom, Microsoft Teams, or Webex. Illinois keeps strengthening these rules because the problem keeps causing harm.

Mobile phone use while driving is allowed only for drivers over age 19, and only in hands-free mode. Drivers under 19 may not use a phone in any way while driving. So if a teenage driver hit you while talking or texting, that is a clear violation of Illinois law. 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.

Beyond traffic fines, a driver who causes a crash while distracted can face civil liability for all the harm they caused. Under Illinois modified comparative negligence law (735 ILCS 5/2-1116), you can recover damages as long as your own fault is not more than 50% of the cause of your injuries. If you were rear-ended at a red light on Route 59 in Plainfield and the other driver was on their phone, you almost certainly have a strong claim. Any damages you recover are reduced only by your own share of fault, if any.

Illinois law also requires all drivers to carry liability insurance under 625 ILCS 5/7-601. That means there should be coverage available to compensate you for your medical bills, lost wages, and pain and suffering. However, insurance companies do not always pay what they owe. That is where Briskman Briskman & Greenberg steps in. Our team also handles cases involving rideshare crashes, and our Chicago Uber accident lawyer team is ready to help if a distracted rideshare driver caused your injuries.

What to Do After a Distracted Driving Accident Near Plainfield

The steps you take after a crash can make a big difference in your ability to recover full compensation. The first thing to do is call 911. Under 625 ILCS 5/11-401, any driver involved in a crash resulting in personal injury must immediately stop at the scene and remain there until all legal requirements are met. A driver who flees the scene faces serious criminal penalties, including a Class 4 felony for leaving and a Class 1 felony if someone dies. If the other driver tries to leave, note their license plate and get that information to police right away.

After calling 911, try to document everything you can. Take photos of the vehicles, the road conditions, any skid marks, and your injuries. If you see the other driver on their phone right before or after the crash, note that and tell the police officer. Police reports, witness statements, and crash scene evidence often provide early clues about distracted driving. In many cases, cell phone records become critical. Our legal team knows how to obtain those records to build your case.

Seek medical care immediately, even if you feel okay. 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. Plainfield has medical facilities nearby, and getting checked out right away protects both your health and your legal rights. After you have received care, call Briskman Briskman & Greenberg. We also serve clients throughout the state, including through our Rockford car accident lawyer and Champaign car accident lawyer teams.

What Compensation Can You Recover in a Distracted Driving Case?

When a distracted driver causes a crash, Illinois personal injury law allows you to seek compensation for a wide range of losses. These include past and future medical bills, lost wages, reduced earning capacity, pain and suffering, and emotional distress. If your injuries are severe, you may also recover for permanent disability, disfigurement, or the loss of normal life. These are real, serious damages that can affect you for years after a crash on Route 30, the Veterans Memorial Tollway (I-355), or any other road near Plainfield.

Illinois follows joint and several liability rules under 735 ILCS 5/2-1117. This means that if multiple parties share fault for your crash, such as a distracted driver and a vehicle owner who let an unsafe driver use their car, all parties found liable are jointly and severally responsible for your medical and medically related expenses. Any defendant whose share of fault is 25% or more is also jointly and severally liable for all other damages. This matters because it can increase your ability to recover full compensation even when one at-fault party has limited insurance.

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. The financial and emotional toll can be overwhelming. Briskman Briskman & Greenberg fights to make sure you are not left paying for someone else’s careless mistake. We also assist clients in communities across Illinois, including through our Belleville car accident lawyer and Gurnee car accident lawyer teams.

Why Time Matters: Illinois Statute of Limitations

One of the most important things to know after a distracted driving accident is that you have a limited time to file a lawsuit. Under 735 ILCS 5/13-202, personal injury claims in Illinois must be filed within two years of the date the cause of action accrued. In most cases, that means two years from the date of your crash. If you miss that deadline, you lose your right to sue, no matter how strong your case is.

Two years can go by faster than you think. Medical treatment takes time. Recovery takes time. Insurance negotiations take time. And before you know it, the deadline is close. That is why it is so important to speak with an attorney as soon as possible after your accident. The earlier you start, the more time your legal team has to gather evidence, obtain phone records, interview witnesses, and build the strongest possible case on your behalf.

Evidence also disappears quickly. Surveillance cameras near Plainfield intersections, like those at the crossings near Weber Road or 127th Street, typically overwrite footage within days. Witness memories fade. Physical evidence gets cleaned up. Every day you wait is a day that valuable evidence could be lost. 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. Having an experienced legal team on your side from the start makes a real difference. Contact Briskman Briskman & Greenberg right away to protect your rights and your future.

FAQs About Plainfield Distracted Driving Accidents

What counts as distracted driving under Illinois law?

Illinois law covers any activity that takes a driver’s attention away from the road. This includes texting, calling on a handheld phone, browsing apps, watching videos, and since January 2024, using video-conferencing apps like Zoom while driving. Even eating, grooming, or turning to talk to passengers can qualify as distracted driving if it contributes to a crash. Under 625 ILCS 5/12-610.2, using a handheld electronic communication device is specifically prohibited for all drivers in Illinois.

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 your share of fault is 50% or less. Your total compensation is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages are $100,000, you would recover $80,000. Insurance companies often try to inflate your share of fault to reduce what they pay, which is why having an attorney helps.

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

Proving distracted driving takes solid investigation. Evidence can include the police report, witness statements, traffic camera footage, and the at-fault driver’s cell phone records. Your attorney can send a legal preservation letter to the phone carrier to prevent records from being deleted. Physical evidence at the crash scene, such as the absence of skid marks, can also show the driver never braked, which points to inattention. Acting quickly is important because this evidence can disappear fast.

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 accident to file a personal injury lawsuit in Illinois. Missing this deadline means losing your right to sue entirely. There are limited exceptions, such as for minors or cases involving certain government entities, but those rules are complex. Do not wait to find out if an exception applies to you. Speak with an attorney as soon as possible after your crash.

What if the distracted driver had no insurance or not enough coverage?

If the at-fault driver is uninsured or underinsured, you may still have options. Your own auto insurance policy may include uninsured or underinsured motorist (UM/UIM) coverage, which can step in to cover your losses. Illinois law under 625 ILCS 5/7-601 requires all drivers to carry liability insurance, but not everyone follows the law. An attorney can review all available sources of recovery, including your own policy, the vehicle owner’s policy, and any third-party liability. Briskman Briskman & Greenberg can help you identify every avenue for compensation.

More Resources About Vehicle Injuries

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