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Streamwood Distracted Driving Accident Lawyer

Every day, drivers on Irving Park Road, Schaumburg Road, and the I-290 corridor pass through Streamwood without incident. But it only takes one glance at a phone to change everything. Distracted driving crashes happen in seconds, and the injuries they cause can last a lifetime. If a distracted driver hit you or someone you love near Streamwood, you have legal rights, and Briskman Briskman & Greenberg is here to help you understand them.

What Illinois Law Says About Distracted Driving
The Real Scope of Distracted Driving Crashes
How Illinois Negligence Law Applies to Your Case
What Damages Can You Recover After a Distracted Driving Crash?
The Deadline to File a Claim in Illinois
FAQs About Streamwood Distracted Driving Accident Lawyers

What Illinois Law Says About Distracted Driving

Illinois has one of the clearer distracted driving laws in the country. Illinois law prohibits the use of electronic communication devices to write, send, or read text messages, emails, or other electronic communications while driving. That prohibition is codified in the Illinois Vehicle Code under 625 ILCS 5/12-610.2, which makes it illegal to use any handheld electronic device while driving, to compose, send, or read an electronic message while driving, to use any cellphone in a school zone or highway construction zone, and to use any cellphone at all for drivers under 19 years of age.

The law does allow hands-free technology. You are allowed to use hands-free technology such as Bluetooth, a headset, or voice activation, and you may text while driving only for the sole purpose of reporting an emergency and communicating with emergency personnel. Anything beyond those narrow exceptions is a violation. And when that violation causes a crash? The consequences go far beyond a traffic ticket.

Causing an accident that results in injury while breaking Illinois distracted driving laws is considered “aggravated use of an electronic communication device,” carrying much harsher fines and penalties. For injured victims, that criminal classification matters in a civil case too. It helps establish that the driver broke a specific law, which can support a negligence claim against them. Illinois also recognizes a broader distracted driving offense under 625 ILCS 5/11-503.5, which covers any behavior that distracts a driver from operating a vehicle in a lawful manner, not just phone use. Eating, adjusting a GPS, or reaching into the back seat all qualify. If the driver who hit you was doing any of these things, Illinois law may hold them accountable.

The Real Scope of Distracted Driving Crashes

The numbers behind distracted driving are difficult to ignore. Distracted driving claimed 3,208 lives in 2024 across the United States. An estimated 315,167 people were injured in traffic crashes involving distracted drivers in 2024, and 13% of all injury crashes were reported as distraction-affected. Those figures come directly from the National Highway Traffic Safety Administration (NHTSA), and they almost certainly undercount the true problem.

Why? Because drivers rarely admit to looking at their phones. Self-reported data elements, such as admitting to texting while driving, are always subject to bias, and the likelihood that a driver might admit to a negative behavior such as texting while driving at the time of a crash might be small. That means the real number of distraction-involved crashes is likely higher than what police reports capture.

Texting is the most alarming distraction. Sending or reading a text takes your eyes off the road for 5 seconds, and at 55 mph, that’s like driving the length of an entire football field with your eyes closed. On a busy stretch like IL Route 19 or near the Streamwood Metra station, five seconds of inattention can be catastrophic. Rear-end collisions, intersection crashes, and pedestrian strikes are all common outcomes. If you were injured by a driver who was distracted, you deserve to know what your claim may be worth. A Chicago personal injury lawyer at Briskman Briskman & Greenberg can review your case and explain your options at no cost to you.

How Illinois Negligence Law Applies to Your Case

When a distracted driver causes a crash, the legal theory that applies is negligence. In Illinois, that means proving the driver owed you a duty of care, they breached that duty by driving distracted, the breach caused your crash, and you suffered real damages as a result. Violating 625 ILCS 5/12-610.2 is strong evidence of a breach. It shows the driver did something the law specifically forbids.

Illinois follows a modified comparative fault rule under the Illinois Code of Civil Procedure. Under 735 ILCS 5/2-1116, a plaintiff is barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury. However, if the plaintiff’s fault is 50% or less, they can still recover damages, though those damages will be reduced in proportion to their share of fault. In practical terms, this means that even if you were partly responsible for the crash, say you were slightly speeding, you may still recover compensation. The distracted driver’s share of fault is what matters most.

Insurance companies know this rule well, and they use it against injured people. They may argue you were more at fault than you actually were. That is exactly why having a Chicago car accident lawyer in your corner matters. Briskman Briskman & Greenberg has handled cases throughout the Chicago area, including Cook County, where the Daley Center and the Cook County Circuit Court handle many of these claims. Our attorneys know how to build a case that holds distracted drivers fully accountable.

What Damages Can You Recover After a Distracted Driving Crash?

A distracted driving crash can leave you with injuries that affect every part of your life. Broken bones, traumatic brain injuries, spinal damage, and soft tissue injuries are all common. So are the financial pressures that follow, including medical bills, lost wages, and the cost of ongoing care. Illinois personal injury law allows you to seek compensation for all of these losses.

Recoverable damages in a distracted driving case typically fall into two categories: economic and non-economic. Economic damages include things you can add up on paper, such as emergency room bills, surgery costs, physical therapy, lost income during recovery, and future medical expenses if your injury is long-term. Non-economic damages cover the harms that are harder to put a dollar amount on, including pain and suffering, emotional distress, and loss of enjoyment of life. In cases where the driver’s conduct was especially reckless, punitive damages may also be available, though these are less common.

Gathering evidence quickly is critical to building your claim. Photos from the scene, witness statements, phone records, and the police report all play a role. Under 625 ILCS 5/11-401 of the Illinois Vehicle Code, drivers involved in crashes causing personal injury are required to stop and remain at the scene, and failure to do so is a felony. If the driver who hit you fled, that creates additional legal issues, but it does not eliminate your right to compensation. Understanding the full car accident lawsuit process helps you know what to expect from start to finish. Our team walks clients through every step.

The Deadline to File a Claim in Illinois

Time is one of the most important factors in any personal injury case. Illinois sets a firm deadline for filing personal injury lawsuits. Under 735 ILCS 5/13-202, actions for damages for an injury to the person shall be commenced within 2 years next after the cause of action accrued. That clock typically starts running on the date of your crash. Miss that deadline, and you lose your right to sue, no matter how strong your case is.

Two years may feel like a long time, but cases built on strong evidence require time to develop. Medical records need to be gathered. Experts may need to be consulted. Phone records proving the driver was texting may need to be subpoenaed before they are deleted. Waiting too long makes all of that harder. Illinois courts apply this deadline strictly, and judges rarely grant exceptions.

There are situations where the timeline can shift. If the injured person is a minor, the statute of limitations may be tolled until they turn 18. But do not rely on exceptions. The safest approach is to speak with an attorney as soon as possible after your crash. Briskman Briskman & Greenberg serves clients across the Chicago area, and our firm also handles cases in other parts of Illinois, including through our Rockford car accident lawyer team and our Belleville car accident lawyer team. No matter where in Illinois your crash happened, we can help. If your crash involved a rideshare vehicle, our Chicago Uber accident lawyer team handles those cases as well, including situations where the rideshare driver was distracted at the time of the crash.

Call Briskman Briskman & Greenberg at (312) 222-0010 to schedule a free consultation. There is no fee unless we recover compensation for you.

FAQs About Streamwood Distracted Driving Accident Lawyers

What counts as distracted driving under Illinois law?

Illinois law covers a wide range of behaviors. Under 625 ILCS 5/12-610.2, using a handheld electronic device while driving is prohibited. That includes texting, calling, emailing, and using apps. Illinois also recognizes broader distracted driving under 625 ILCS 5/11-503.5, which covers anything that takes a driver’s attention away from operating the vehicle safely, such as eating, adjusting a GPS, or reaching for something in the back seat. If a driver was doing any of these things when they hit you, it may support a negligence claim.

How do I prove the other driver was distracted?

Proving distraction often requires gathering evidence that drivers would rather keep hidden. Phone records can show whether the at-fault driver was texting or calling at the moment of impact. Eyewitness accounts, traffic camera footage, and the police report can also help establish what the driver was doing. In some cases, accident reconstruction experts can piece together the sequence of events. An attorney can help subpoena phone records and gather this evidence before it disappears.

What if the insurance company says I was partly at fault?

This is a common tactic. Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. You can still recover compensation as long as your share of fault is 50% or less. Your damages are reduced by your percentage of fault, but you are not barred from recovery entirely. If the insurance company is inflating your share of blame to reduce or deny your claim, an attorney can push back with evidence and legal arguments on your behalf.

How long does a distracted driving accident case take to resolve?

There is no single answer. Some cases settle within months once liability is clear and medical treatment is complete. Others take longer, especially when injuries are severe, fault is disputed, or the insurance company refuses to offer a fair amount. Filing a lawsuit in Cook County Circuit Court, which handles many Streamwood-area cases, can extend the timeline further. The key is not to rush. Settling too early, before you know the full extent of your injuries, can leave you with far less than you deserve.

Do I have to pay anything upfront to hire Briskman Briskman & Greenberg?

No. Briskman Briskman & Greenberg handles personal injury cases on a contingency fee basis. That means you pay no attorney fees unless the firm recovers compensation for you. You should also be aware that even on a contingency arrangement, clients may still be responsible for certain case costs and expenses. Your attorney will explain the specific terms during your free consultation. To get started, call (312) 222-0010 today.

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