Chicago Distracted Driving Accident Lawyer

If you or someone you love has been hurt by a distracted driver in Chicago, you already know how life can change in a split second. One moment of someone looking at their phone, and you’re dealing with injuries, medical bills, and a vehicle that may be totaled. You shouldn’t have to face this alone—and you shouldn’t have to pay for someone else’s choice to drive distracted.

Our Chicago distracted driving accident lawyers help injured people and families get the compensation they deserve after preventable crashes. We investigate the distraction, deal with the insurance companies, and fight for full and fair recovery. Your consultation is free, and you pay nothing unless we win your case.

Call us today at 866-4-LAW-411 or contact us online to discuss your case.

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Why Distracted Driving Crashes Are So Dangerous in Chicago

Distracted driving is one of the leading causes of car accidents in Illinois and across the country. When a driver takes their eyes off the road—even for a few seconds—they can’t react to traffic, pedestrians, or road hazards. At highway speeds, looking at a text for just five seconds is like driving the length of a football field with your eyes closed.

Distracted Driving Statistics in Illinois

• According to the Illinois Department of Transportation, distracted driving contributes to thousands of crashes each year in Illinois, resulting in hundreds of serious injuries and fatalities.
• The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving claimed 3,522 lives nationwide in 2021, with texting being one of the most dangerous distractions.
• In Cook County and the City of Chicago, distracted driving remains a top cause of preventable collisions, especially in high-traffic areas and on highways like I-90, I-94, and Lake Shore Drive.

Source: National Highway Traffic Safety Administration (NHTSA) – Distracted Driving

These aren’t just numbers—they represent real people, real families, and real lives changed forever. If you’ve been hurt by a distracted driver, you have legal rights.

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What Is Distracted Driving?

Distracted driving happens any time a driver’s attention is pulled away from the safe operation of their vehicle. Distractions can be visual (taking your eyes off the road), manual (taking your hands off the wheel), or cognitive (taking your mind off driving).

Common Types of Distracted Driving

We represent people injured by all types of distracted driving, including:

• Texting while driving – reading or sending text messages
• Talking on a handheld cell phone
• Using social media apps while behind the wheel
• Reading or sending emails while driving
• Using GPS or navigation apps (programming a destination while moving)
• Adjusting the radio, climate controls, or infotainment system
• Eating or drinking while driving
• Grooming or applying makeup
• Interacting with passengers (especially children or pets)
• Reaching for objects in the vehicle
• Daydreaming or “zoning out” while driving

Texting is especially dangerous because it combines all three types of distraction—visual, manual, and cognitive—at the same time.

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Illinois Distracted Driving Laws

Illinois has some of the strictest distracted driving laws in the nation. Understanding these laws is important because a violation can serve as strong evidence in your injury claim.

Illinois Handheld Cell Phone Ban

Under Illinois law, drivers are prohibited from using handheld cell phones while operating a vehicle. This includes:

• Talking on a handheld phone
• Texting or emailing
• Using apps or browsing the internet

Hands-free devices (like Bluetooth) are allowed for drivers 19 and older, but all handheld use is banned.

Illinois Texting and Driving Ban

Illinois law makes it illegal for any driver to compose, send, or read electronic messages while driving. This applies to:

• Text messages
• Emails
• Social media posts
• Any electronic communication

Penalties for Violating Illinois Distracted Driving Laws

• First offense: traffic citation and fine
• Subsequent offenses: increased fines and potential license suspension
• If distracted driving causes an accident with injuries or death, criminal charges may apply

Violations of these laws can be used as evidence of negligence in your personal injury claim.

Source: Illinois General Assembly – Illinois Vehicle Code

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Common Injuries in Distracted Driving Accidents

Because distracted drivers often don’t brake or take evasive action before impact, these crashes tend to be severe. Common injuries we see in distracted driving cases include:

• Whiplash and neck injuries
• Fractured bones (arms, legs, ribs, pelvis)
• Traumatic brain injury (TBI) and concussions
• Spinal cord injuries and paralysis
• Soft-tissue injuries (sprains, strains, muscle damage)
• Internal injuries (organ damage, internal bleeding)
• Cuts, lacerations, and disfigurement
• Permanent disability
• Wrongful death

These injuries often require emergency care, surgery, physical therapy, and long-term medical treatment. The financial and emotional costs can be overwhelming—but you have the right to seek compensation.

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How We Prove a Driver Was Distracted

Proving that the other driver was distracted at the time of your crash is key to building a strong case. Our Chicago distracted driving accident lawyers use a variety of investigative tools and evidence, including:

Phone Records and Text Message Logs

We can subpoena the at-fault driver’s phone records and call logs to show whether they were texting, calling, or using apps at the time of the crash. Timestamped data can directly link phone use to the moment of impact.

Vehicle Infotainment and GPS Data

Modern vehicles record data in their infotainment systems and navigation apps. We work with experts to extract and analyze this data, which can show whether the driver was entering a destination, adjusting settings, or using in-car technology when the crash occurred.

Event Data Recorder (EDR) / Black Box

Many vehicles are equipped with an event data recorder (EDR), often called a “black box,” which captures critical information such as:

• Vehicle speed
• Brake application
• Throttle position
• Seatbelt use

This data can show whether the driver attempted to brake or react before the collision—a sign of inattention.

Dashcam and Surveillance Video

Dashcam footage from your vehicle or other vehicles, as well as surveillance video from nearby businesses or traffic cameras, can provide direct visual evidence of distracted driving behavior.

Eyewitness Testimony

Passengers, other drivers, and pedestrians who saw the at-fault driver using their phone or engaging in other distracting behaviors can provide powerful eyewitness testimony.

Police Reports

The Chicago Police Department crash report may note officer observations, citations issued, or admissions made by the at-fault driver at the scene.

Expert Witnesses

We work with accident reconstruction experts who can analyze the scene, vehicle damage, and evidence to demonstrate how distraction caused the crash.

The evidence must be preserved quickly—phones can be wiped, vehicle data can be overwritten, and witnesses’ memories fade. Contact us as soon as possible so we can begin our investigation.

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Who Is Liable for a Distracted Driving Accident?

In most distracted driving cases, the distracted driver is liable. However, depending on the circumstances, other parties may also be responsible:

The Distracted Driver

The driver who caused the crash by failing to pay attention breached their duty of care to drive safely. Under Illinois negligence law, you must prove:

1. Duty of care – All drivers have a legal duty to operate their vehicles safely.
2. Breach of duty – The driver violated that duty by driving distracted.
3. Causation – The distraction directly caused the accident.
4. Damages – You suffered injuries and losses as a result.

Employers (Vicarious Liability)

If the distracted driver was working at the time of the crash (for example, a delivery driver or commercial truck driver), their employer may be liable under the legal doctrine of respondeat superior.

Comparative Negligence in Illinois

Illinois follows a comparative negligence (or comparative fault) rule. If you were partially at fault for the accident, your compensation is reduced by your percentage of fault—but you can still recover as long as you are less than 50% at fault.

Even if you think you share some blame, you should still speak with a lawyer. Insurance companies often try to shift fault unfairly.

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Compensation Available After a Distracted Driving Accident

If you’ve been injured by a distracted driver in Chicago, you may be entitled to compensation for both economic damages (financial losses) and non-economic damages (pain and suffering).

Economic Damages

• Medical expenses – Emergency care, hospital stays, surgery, prescription medications, physical therapy, and future medical treatment
• Lost wages – Income you missed while recovering
• Lost earning capacity – If your injuries prevent you from returning to your former job or earning the same income
• Property damage – Repair or replacement of your vehicle and other damaged property
• Rehabilitation costs – Occupational therapy, assistive devices, home modifications

Non-Economic Damages

• Pain and suffering – Physical pain and emotional distress caused by your injuries
• Loss of normal life – The inability to enjoy daily activities, hobbies, and quality of life you had before the crash
• Disfigurement and scarring
• Loss of consortium – Compensation for the injured person’s spouse for loss of companionship and support

Wrongful Death Damages

If a distracted driver killed your loved one, you may be able to file a wrongful death claim to recover:

• Funeral and burial expenses
• Medical bills incurred before death
• Loss of financial support
• Loss of companionship, love, and guidance
• Grief and mental anguish

Our goal is to pursue maximum compensation so you can focus on healing, not finances.

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Statute of Limitations for Illinois Distracted Driving Claims

In Illinois, you generally have two years from the date of the accident to file a personal injury claim in court. If you are filing a wrongful death claim, the deadline is also two years from the date of death.

Important Exceptions and Shorter Deadlines

• Claims against government entities (such as city buses or police vehicles) have much shorter notice requirements—often as little as six months.
• If the injured person is a minor, the statute of limitations may be extended.

Missing the statute of limitations deadline means losing your right to compensation. Contact us as soon as possible to protect your rights.

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What to Do After a Distracted Driving Accident in Chicago

The steps you take immediately after a crash can have a major impact on your claim. Here’s what you should do:

1. Get Medical Attention Right Away

Even if you don’t think you’re seriously hurt, see a doctor. Some injuries (like TBI or internal injuries) may not show symptoms right away. Medical records are critical evidence in your case.

2. Call the Police

Make sure a Chicago Police Department crash report is filed. The report documents the scene, statements, and any citations issued.

3. Document the Scene

If you’re able, take photos of:

• Vehicle damage
• The accident scene
• Skid marks, debris, and road conditions
• Visible injuries
• The other driver’s license plate

4. Gather Witness Information

Get names and contact information for anyone who saw the crash or the other driver’s behavior before the collision.

5. Preserve Evidence

• Keep all medical bills, repair estimates, and receipts.
• Do not delete any texts, emails, or photos related to the accident.
• Avoid posting about the accident on social media—insurers will use your posts against you.

6. Do Not Give a Recorded Statement to the Insurance Company

The other driver’s insurance adjuster may contact you quickly. Be polite, but do not give a recorded statement or accept a settlement offer before speaking with a lawyer. Insurers often try to minimize payouts or get you to say something that hurts your claim.

7. Contact a Chicago Distracted Driving Accident Lawyer

The sooner you contact us, the sooner we can start investigating, preserving evidence, and protecting your rights.

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How a Chicago Distracted Driving Accident Lawyer Helps

Our job is to handle the legal and insurance process so you can focus on recovery. Here’s what we do for you:

Investigate the Crash and Gather Evidence

We obtain phone records, vehicle data, police reports, witness statements, video footage, and expert analysis to build a strong case.

Deal with the Insurance Companies

We handle all communications with the insurance adjusters. We know their tactics, and we won’t let them pressure you into a lowball settlement.

Calculate the Full Value of Your Claim

We account for all your current and future losses—medical expenses, lost income, pain and suffering, loss of normal life, and more.

Negotiate a Fair Settlement

Most distracted driving cases are resolved through settlement negotiations. We fight for maximum compensation without you having to go to court.

Take Your Case to Trial if Necessary

If the insurance company refuses to offer fair compensation, we’re prepared to take your case to trial and present your evidence to a jury.

No Upfront Costs – Contingency Fee Basis

We work on a contingency fee basis, which means:

• Free consultation – no cost to discuss your case
• No fee unless we win – you pay nothing upfront, and we only get paid if we recover compensation for you

You have nothing to lose and everything to gain by calling us.

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