Chicago Distracted Driving Accident Lawyer

Seek Justice for Car Accidents Caused by Distracted Drivers

If you’ve been hit by a negligent driver on I-90 or terrestrial roads like Pulaski Street, a Chicago distracted driving accident lawyer from Rosenfeld Injury Lawyers can help you receive justice through a personal injury claim. Our team will negotiate with the other driver’s insurance company on your behalf so that you can focus on your recovery. Contact us for a free consultation about your legal rights. 

Distracted Driver Accident Settlements Recovered by Our Chicago Accident Attorneys

$4,000,000: John was a passenger in a car driving on the Dan Ryan Expressway when a texting driver hit the passenger side of his vehicle. Tragically, he died on the scene. By examining surveillance footage, we verified the handheld electronic device and proved negligence. 

$3,200,000: Tyler, a disabled man, was in a crosswalk on Milwaukee Avenue when he was hit by a car. He suffered injuries to both legs. Reviewing police reports, we learned that the driver’s attention had been drawn to a nearby advertisement.

$2,000,000: Annie was in a car crash on the Jane Byrne Interchange, which resulted in a rollover and multiple broken bones. A Chicago car accident lawyer from our legal team demonstrated that the at-fault driver had not been paying attention due to an argument between his children in the back seat. 

What Are Common Distracted Driving Behaviors?

Distracted driving is anything that takes the driver’s eyes off the road. According to UC Davis Health, these crashes are one of the leading causes of death among US teenagers, which is why families often seek guidance from a Chicago Teen Driver Accident Lawyer when a distracted young driver causes serious injuries or fatalities. Common forms of distracted driving include the following:

Texting While Driving: According to the National Highway Traffic Safety Administration, texting while driving takes one’s eyes off the road for up to five seconds. At 55 mph, this is almost the length of a football field. 

Cell Phone Use or Other Electronic Device Use: Checking apps, watching videos, changing the radio station, or adjusting the GPS can all result in tragic accidents. Additionally, some may talk on the phone while driving, which means they have one hand off the wheel and are more focused on their conversation. 

Personal Grooming: Fixing makeup, checking one’s hair in the rearview window, applying chapstick, or tweezing are unfortunately common activities while driving. Not only do these take attention away from the road, but they also require the use of at least one hand, making it harder to control the vehicle. 

Emotional Distress: Ruminating on personal issues can take the driver’s mind away from the road. According to the Illinois Department of Transportation, 564 car accidents in Chicago were caused by emotional drivers in 2023.

Fatigue: In 2023, 455 car accidents in Chicago were caused by tired drivers. Tiredness slows reaction times and makes it more difficult to respond appropriately to sudden movements like a driver’s lane change, especially when combined with excessive speed, which often overlaps with cases handled by a Chicago Speeding Car Accident Lawyer.

Conversing With Passengers: Talking to passengers can keep motorists from noticing the other driver’s car turning into their lane or stopping at a red light. This is especially true if the conversation is emotionally charged, which can trigger stress reactions. 

What Is the Average Payout for Distracted Driving Auto Accidents in Illinois?

The average payout for distracted driving lawsuits and settlements is $845,310. Factors that influence your financial compensation include the number of cars involved, current and future medical expenses, clarity of liability, and available evidence. 

Injury victims can recover damages for expenses like lost wages, medical bills, and pain and suffering from the negligent driver’s insurance company. Per Lebron v. Gottlieb Memorial Hospital, there is no statutory cap on non-economic damages like emotional trauma or loss of normal life. If the at-fault driver is uninsured or doesn’t have enough coverage to fully pay your damages, a Chicago Uninsured/Underinsured Motorist Accident Lawyer can help you explore additional recovery options.

Example Cases Filed in Cook County

Walter Blockmon III, 50, was killed on I-80 near Country Club Hills when a distracted driver rear-ended him. The responding police officer noted that the at-fault driver, Jakobi McClellan, was going between 67 and 80 mph when the accident occurred. McClellan stated he was late for an appointment and looking at his GPS because he didn’t know where to go. A jury awarded Blockmon’s family $4,768,351.47. 

In some distracted driving crashes, the at-fault driver leaves the scene before law enforcement can identify them. In these situations, a Chicago Hit And Run Lawyer can help uncover critical evidence and pursue compensation through all available legal and insurance options.

Heidi Bauer, 47, was driving on Route 120 near Grayslake when she was struck by a landscaping truck operated by Juan Mena. According to reports, Mena became distracted, crossed the center line, and sideswiped a dump truck before hitting Bauer’s vehicle. She died at the accident scene, and her estate settled for $3,000,000.00. 

Amy Verdin, a bicycle rider, was riding along Irving Park Road in Chicago when a car door struck her. She suffered injuries to her teeth and pelvic floor. Her attorneys argued that the driver, Sebastian Magiera, was not paying attention and opened his door without warning. However, the defense claimed that Verdin was also distracted and was not riding in the proper lane. The case went to the Circuit Court of Cook County, where a jury determined that Magiera was primarily negligent and awarded Verdin $1,462,000.00. 

What Laws Govern Distracted Driving Cases in Chicago?

Illinois law prohibits the use of hand-held electronic devices while operating a motor vehicle (625 ILCS 5/12-610.2). As advanced vehicle technologies become more common, liability questions can also arise in autonomous vehicle crashes, which may require guidance from a Chicago Self-Driving Car Accident Attorney. There are exceptions for first responders or drivers who are communicating with emergency personnel. If the car accident causes serious injuries, it is a Class A misdemeanor, while if it results in wrongful death, it is a felony.

Chicago municipal codes echo state law, but raise the fine to $500.00 if a crash occurs (9-76-230).

Illinois uses modified comparative negligence, meaning that each party to the accident is assigned a percentage of fault (735 ILCS 5/2-1116). If the drivers of other vehicles involved are considered more than 50% liable, then you can pursue a civil lawsuit, but your percentage of blame will reduce your compensation. 

How Long Do Chicago Accident Victims Have to Take Legal Action?

You must file a personal injury lawsuit within two years of the accident (735 ILCS 5/13-202). For wrongful death, the statute of limitations is also two years (740 ILCS 180/). Contact a distracted driving accident lawyer from our law firm as soon as possible to begin building your case. 

Can Cell Phone Records Be Used as Evidence in Distracted Driving Personal Injury Cases?

Yes, our personal injury lawyers can subpoena a negligent driver’s cellular service company for cell phone records. This can be used to show that the individual was texting, using a maps app, or viewing social media during or right before the accident. 

When combined with other evidence like witness statements, police reports, and your medical records, these records make a compelling argument for recovering compensation.

Book a Free Consultation With Our Chicago Distracted Driving Lawyers

Distracted driving accidents can result in severe injuries that completely change a person’s life. Our law firm will support you through the legal process, pursuing compensation that will help you heal. 

We are an award-winning law firm with a 98% success rate in settlement negotiations and civil court. Over the past 25 years, we have secured over $450 million in settlements and verdicts for our clients. As members of the Illinois Trial Lawyers Association, we are committed to helping car accident victims heal while protecting their privacy. 

A Chicago personal injury attorney from our firm will work with you on a contingency fee basis: no fees unless we win. Schedule your free consultation by calling (888) 424-5757 or using our online contact form. 

Sources: Law.com