Chicago Distracted Driving Accident Lawyers

Every driver has a responsibility to others on the road. This responsibility includes the need to pay attention to the road, to spot oncoming traffic and other obstacles, and to control the vehicle in a way that prevents serious accidents. 

Distractions undermine a driver’s ability to meet this responsibility. When a driver allows distractions to take their eyes, mind, and hands off the task of driving, serious injuries and deaths can result. 

If you’ve been injured in a distracted driving traffic crash, talk to the experienced Chicago distracted driving injury attorneys at Briskman Briskman and Greenberg today. 

Distracted Driving Statistics

Distracted driving is a leading cause of car accidents across the country, especially in large, urban areas. According to the National Highway Traffic Safety Administration, distracted driving accidents claimed more than 3,300 lives and caused nearly 290,000 injuries in 2022.

The NHTSA also found that

• Eight percent of all fatal crashes involved at least one distracted driver.
• Twelve percent of all injury-causing crashes involved at least one distracted driver.
• 621 of the 3,308 distracted driving deaths in 2022 claimed the lives of a bicyclist or pedestrian. 

Chicago is no exception when it comes to distracted driving accidents. Each year, more than 162,000 Cook County car accidents result in about 35,000 injuries and 250 deaths. Many of these accidents are caused by distracted drivers.

Using a cell phone while driving increases the risk of a crash by 400 percent, according to the Illinois State Police. Other forms of distraction can also increase the risk of a crash, injury, or death.

What Is Distracted Driving?

Distracted driving is a term used to describe a situation where a driver’s attention is somewhere other than on the road. There are many potential distractions for motorists. For example, a few of the most common include:

• Texting
• Talking on the phone
• Talking with passengers
• Eating or drinking
• Personal grooming
• Daydreaming
• Changing the radio station
• Dealing with children in the back seat
• Reading a book or magazine

Of course, the most common form of distracted driving involves cell phone use. Talking and texting while driving are two of the most dangerous behaviors drivers can engage in. For example, if a driver is traveling at 55 miles per hour, in the amount of time it takes them to read an incoming text message, their vehicle will have traveled the length of a football field—all while they are not looking where they are going.

How dangerous is cell phone use while driving? The NHTSA’s 2022 statistics reveal the risks:

• 368 fatal traffic crashes involving a driver on a cell phone occurred in the US in 2022, making up 12 percent of all distraction-related accidents. 
• 402 people died in crashes caused by a driver who was distracted by their cell phone in 2022. 

At any given time, only about 2.1 percent of drivers are using a cell phone behind the wheel. Yet these drivers cause eight percent of all fatal crashes and 12 percent of all distraction-related fatal crashes.

Nationwide, the rate of distracted driving accidents caused by cell phone use has stayed around 12 percent in the past five years. These numbers are not decreasing despite increased public awareness, new cell phone laws in various states, and increased efforts to educate drivers on the risks of using their phones while driving.

The Dangers of Texting & Driving in Illinois Infographic

Illinois Distracted Driving Laws

Currently, no law in Illinois prohibits drivers from experiencing distractions behind the wheel. However, Illinois has attempted to reduce exposure to some of the most common distractions. For example, Illinois has banned the use of handheld cell phones while driving. Many other states have taken similar measures. 

Under Illinois law, drivers are prohibited from using a handheld device, such as a cell phone, from talking, texting or engaging in any other form of communication. However, motorists 19 or older can drive while using a hands-free device, such as a Bluetooth headset.

Drivers who violate the handheld device ban face a modest fine. However, as of 2019, if a distracted driver was using their phone and caused an accident, the fine increased to $1,000. This was a significant effort by lawmakers to crack down on the dangers of distracted driving.

Using a hands-free headset won’t solve the problem of distracted driving. NHTSA data indicates that between 2022 and 2023, the number of drivers using hands-free headsets with their phones increased 0.5 percent, while the number of drivers holding their phones dropped 0.1 percent. 

Despite these changes in driver behavior, however, the number of phone-related distracted driving accidents and deaths has not decreased. The data shows that hands-free cell phone use can still distract drivers – and cause a crash.

Recovering After a Chicago Distracted Driving Accident

If you or a loved one was recently involved in a Chicago distracted driving accident, the fact that the at-fault driver must pay a fine is of little consequence to you. Accidents change lives, and you should be compensated for the toll the accident took on your life. Pursuing a Chicago car accident lawsuit is a way to hold a distracted driver accountable for their actions while at the same time obtaining much-needed compensation for serious injuries.  

Distracted driving lawsuits are like other car accident claims in that you must prove the following elements:

1. The other driver owed you a duty of care;
2. The other driver violated the duty of care they owed to you;
3. The other driver’s violation of this duty caused your injuries; and
4. You suffered legally recognizable damages as a result of the accident.

In a distracted driving accident, the first element is typically met without issue because all drivers owe a duty of care to others on the road. The second and third elements are often where accident victims run into challenges.

Distracted driving violates the duty drivers owe one another. Yet it can be challenging to prove that another driver was distracted. Some cases may include direct evidence of distraction, such as cell phone records indicating the other driver was on the phone at the time of the collision. In other cases, however, there may be no evidence to show the driver was distracted. 

It can also be challenging to prove that another driver’s negligence caused the accident. For example, were other cars involved? Was there anything you could have done to avoid the accident? These questions determine whether a distracted driver’s actions were the legal cause of your injuries.

Damages in a Chicago Distracted Driving Accident

The damages element of a Chicago distracted driving accident case will not often prevent an accident victim from recovering compensation for their injuries, as some amounts of damages are easy to prove. However, you must identify the full extent of your injuries, which may include compensation for the following:

• Past medical bills
• Future medical expenses
• Income you could not earn due to your injuries
• Any reduction in your income-earning potential
• Pain and suffering

An injured person can file a personal injury lawsuit to seek compensation for the harm caused them. When a distracted driving accident causes death, however, the deceased person cannot file their own compensation claim. 

After a fatal accident, the family or estate of a deceased person may file a wrongful death lawsuit. A wrongful death claim can seek many of the same damages as a personal injury claim. For example, a wrongful death lawsuit can seek compensation for the deceased person’s final medical bills and lost income, as well as funeral and burial expenses.

In a wrongful death case, the surviving family members can also seek compensation. Compensation may include losses like wages your loved one earned to support the household, as well as the loss of your loved one’s care and companionship. 

At the law firm of Briskman Briskman & Greenberg, we skillfully represent accident victims in Chicago distracted driving accident lawsuits. Our team of attorneys works closely with you and your medical providers to determine the total impact, financial and otherwise, that the accident had on your life.

Reach Out to a Dedicated Chicago Car Accident Lawyer Today

If you were injured in a Chicago distracted driving accident, contact the law firm of Briskman Briskman & Greenberg for immediate assistance. For more than 30 years, we have been successfully helping accident victims obtain the compensation they need to move on with their lives after a serious accident.
As part of the Briskman Guarantee, we will provide you with a free consultation where you will meet with an actual lawyer who can answer your questions and explain the recovery process. And because we accept cases on a contingency basis, you will never be responsible for any legal fees unless we win your case. To learn more, give us a call at 877-595-4878, or contact us through our online form. We proudly serve clients in Chicago, Joliet, Waukegan, and throughout Cook County, Lake County, and Will County.

Types of Car Accident Cases Handled by Our Lawyers

• Bicycle Accidents in Chicago
• Boating Accidents in Chicago
• Car Accident at Work in Chicago
• CTA Bus & Train Accidents
• Distracted Driver Car Accidents in Chicago
• Elderly Drivers and Auto Accidents
• Fatal Car Accidents in Chicago
• Lyft Car Accidents in Chicago
• Motorcycle Accidents in Chicago
• Rental Car Accidents in Chicago
• Road Rage Accidents in Chicago
• Uber Car Accidents in Chicago
• Truck Accidents in Chicago
• Car Accidents Involving Commercial Vehicles
• Road Defect Car Accidents in Chicago
• Uninsured and Underinsured Car Accident Claims
• Multi-Vehicle Auto Accidents in Chicago
• Rear-End Car Accidents in Chicago
• Hit and Run Car Accidents in Chicago