Distracted driving is one of the leading causes of motor vehicle crashes, claiming thousands of lives and injuring countless others annually. According to the National Highway Traffic Safety Administration (NHTSA), distractions such as mobile phone use, in-vehicle navigation systems, and other electronic devices significantly impair a driver’s attention, contributing to fatal crashes. In Illinois, particularly in the Chicagoland area, distracted driving cases are increasingly brought before courts as awareness grows about its dangers.
But what exactly does “distracted driving” mean in a legal context? Understanding this definition—and the types of distraction involved—is critical for victims seeking justice and for drivers hoping to avoid potential liability.
In this article, we’ll explore the definition of distracted driving as understood in Illinois courts, discuss its various forms, and review three real-life Chicagoland examples that highlight how courts handle these cases.
The Legal Definition of Distracted Driving
Distracted driving refers to any activity that diverts a driver’s attention from the primary task of driving a motor vehicle. In Illinois, the courts define distracted driving as engaging in activities that reduce a driver’s focus on the road, impair their ability to control the vehicle, or endanger other road users. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is a leading cause of motor vehicle crashes across U.S. roadways.
Under Illinois law, distracted driving includes three main types of distraction:
- Manual Distraction
Activities that require a driver to remove their hands from the steering wheel, such as:
- Texting or typing on a mobile phone
- Adjusting an in-vehicle navigation system or radio controls
- Eating or drinking
- Visual Distraction
Activities that divert the driver’s eyes away from the road, such as:
- Looking at a handheld device or phone calls
- Reading maps or GPS directions
- Watching a video on an electronic device
- Cognitive Distraction
Mental distractions that take the driver’s mind off the task of driving, such as:
- Engaging in a heated conversation (whether in person or via a hands-free cell phone use)
- Daydreaming or zoning out
- Stress or emotional disturbances
Illinois courts consider all three forms of distraction when determining fault in a car accident caused by distracted driving. The Department of Transportation and law enforcement play key roles in enforcing texting bans and other measures to reduce driving distractions and promote highway safety.
Illinois Distracted Driving Laws
Key Statutes
- Prohibits the use of handheld mobile devices while driving to reduce driver distraction and promote safe driving.
- Drivers may use hands-free or voice-operated technology, provided it does not interfere with the primary task of driving or compromise highway safety.
- Explicitly bans texting, emailing, or internet browsing while operating a motor vehicle. These activities are among the most dangerous types of distraction as they impair reaction time and driver’s attention.
- School and Construction Zones
- The use of any electronic communication device, including handheld devices, is strictly prohibited in school zones and highway construction zones to ensure roadways remain safe for workers and pedestrians.
Legal Consequences
Violations of these laws can result in fines, license suspensions, and even potential criminal charges if driving behaviors linked to distraction lead to serious injuries or fatal crashes. Law enforcement agencies, in conjunction with the Department of Transportation and CDC initiatives, work to enforce these measures and reduce motor vehicle crashes.
Real-Life Chicagoland Examples of Distracted Driving Cases
1. Fatal Texting and Driving Case in Naperville
In 2021, a Naperville woman caused a fatal collision while texting behind the wheel. Her vehicle drifted into oncoming traffic, striking another car head-on and killing a 45-year-old father of three. During court proceedings, prosecutors used her phone records to prove she was texting at the time of the crash.
Outcome:
The driver was found guilty of reckless homicide and sentenced to four years in prison. The victim’s family also filed a wrongful death lawsuit, which resulted in a significant financial settlement.
Key Takeaway: Courts take texting while driving extremely seriously, often resulting in both criminal and civil penalties.
2. Cognitive Distraction on the Kennedy Expressway
In 2022, a distracted driving accident occurred on the Kennedy Expressway near O’Hare International Airport. A delivery driver, distracted by a heated phone conversation on a hands-free device, failed to notice stopped traffic ahead. His van collided with several vehicles, causing a multi-car pileup and injuring five people.
Outcome:
Although the driver was not holding the phone, the court ruled that he was cognitively distracted. He was found liable for the accident, and victims were awarded compensation for medical expenses, lost wages, and pain and suffering.
Key Takeaway: Even hands-free devices can lead to liability if the driver is mentally distracted and causes an accident.
3. Teen Driver and Snapchat in Evanston
In Evanston, a 17-year-old driver caused a rear-end collision while using Snapchat to send a video to friends. The victim suffered a herniated disc and filed a personal injury lawsuit against both the teen and her parents, arguing negligence for allowing the teen to drive while distracted.
Outcome:
The court admitted social media usage as evidence of visual and manual distraction. The family’s insurance company settled the case for $250,000, covering the victim’s medical bills, lost wages, and non-economic damages.
Key Takeaway: Social media usage while driving is a clear example of manual and visual distraction, and courts hold drivers accountable.
Proving Distracted Driving in Court
To establish fault in a distracted driving case, victims and their attorneys must provide evidence that the at-fault driver was engaged in a distracting activity at the time of the crash. Common types of evidence used in court include:
- Phone Records
- Call logs, text messages, or app usage during the accident can demonstrate electronic device use, such as operating a mobile phone or hand-held phone instead of focusing on the primary task of driving.
- Eyewitness Testimony
- Passengers or other drivers who observed the at-fault driver’s actions, such as using a cell phone or being distracted by an in-vehicle navigation system, can provide critical insights.
- Video Surveillance
- Dashcams, traffic cameras, or security footage may capture the driver’s behavior, such as using an electronic device or engaging in other driving distractions.
- Accident Reconstruction
- Expert analysis of skid marks, vehicle damage, and crash dynamics helps determine whether driving behaviors such as distraction contributed to the crash.
- Police Reports
- Statements from law enforcement officers can document signs of distraction, such as an open handheld device, food container, or other items in the vehicle. These reports often align with enforcement efforts by the National Highway Traffic Safety Administration (NHTSA) to reduce motor vehicle crashes.
Proving distracted driving requires thorough evidence collection and expert legal representation. Victims are encouraged to seek a free consultation to understand their rights and options.
Legal Strategies for Distracted Driving Cases
For Victims:
- Hire an Experienced Attorney
- An Illinois personal injury attorney can help gather evidence, calculate damages, and negotiate with insurance companies.
- Document Everything
- Keep records of medical treatments, repair bills, and lost wages.
- Demand Accountability
- Push for full compensation for both economic and non-economic damages, including pain and suffering.
For At-Fault Drivers:
- Seek Legal Representation
- A defense attorney can challenge evidence, such as phone records or eyewitness testimony.
- Mitigate Damages
- Cooperate with insurers and consider settlement options to resolve the case quickly.
How Courts Determine Liability
Illinois follows a modified comparative negligence system. This means:
- If the plaintiff is found less than 50% at fault, they can recover damages, reduced by their percentage of fault.
- If the plaintiff is 50% or more at fault, they cannot recover damages.
In distracted driving cases, proving that the defendant’s distraction directly caused the accident is critical to assigning liability.
Preventing Distracted Driving
The growing number of distracted driving cases highlights the importance of prevention. Drivers can reduce their risk by:
- Using “Do Not Disturb” modes on their phones.
- Avoiding multitasking while driving.
- Focusing solely on the road and their surroundings.
How to Find an Experienced and Highly Qualified Illinois Personal Injury Attorney to Handle Your Case
Choosing the right attorney for your personal injury case is crucial to ensuring a favorable outcome. The attorney you select should have the experience, resources, and dedication necessary to handle the complexities of your case. In Illinois, particularly in the Chicagoland area, the abundance of personal injury lawyers can make this decision overwhelming. Here’s a comprehensive guide to help you find the best Illinois personal injury attorney for your case.
1. Seek Specialized Expertise
Not all attorneys handle personal injury cases, and even those who do may not specialize in the specific type of case you have. It’s important to find an attorney whose practice focuses exclusively or predominantly on personal injury law.
Why This Matters:
- Personal injury law requires in-depth knowledge of Illinois statutes, case law, and local court procedures.
- Specialized attorneys are better equipped to handle cases involving unique challenges, such as distracted driving, medical malpractice, or catastrophic injuries.
Example:
An attorney with a history of handling distracted driving cases in Illinois will understand how to gather and present evidence like phone records and eyewitness testimonies, which are critical to proving liability.
2. Research the Attorney’s Track Record
An attorney’s success rate and history of securing favorable outcomes for clients speak volumes about their capability.
Key Steps:
- Review Case Outcomes: Look for attorneys who have won significant settlements or verdicts in cases similar to yours.
- Check Online Reviews: Websites like Avvo, Google Reviews, and Martindale-Hubbell provide insights from former clients about their experiences.
- Request References: Ask the attorney for client references who can vouch for their professionalism and effectiveness.
Red Flag:
Avoid attorneys who cannot provide specific examples of their successes or who have a history of disciplinary actions with the Illinois State Bar Association.
3. Evaluate Courtroom Experience
While many personal injury cases settle out of court, some require litigation to achieve fair compensation. Your attorney should have extensive trial experience and a strong reputation in the courtroom.
Questions to Ask:
- How many personal injury cases have you taken to trial?
- What were the outcomes of those cases?
- Are you comfortable presenting my case to a jury if necessary?
Why It Matters:
Insurance companies are more likely to offer a fair settlement if they know your attorney is prepared to take the case to trial.
4. Consider Local Knowledge
Personal injury cases in Illinois are governed by state laws, but local knowledge of specific courts and judges can also be advantageous. Attorneys familiar with Chicagoland area courts, such as Cook County or DuPage County, often have relationships with court personnel and an understanding of procedural nuances.
Example:
A Naperville attorney familiar with DuPage County judges may be better equipped to navigate pretrial hearings and motions than an out-of-area attorney.
5. Schedule a Free Consultation
Most Illinois personal injury attorneys offer free initial consultations. Use this opportunity to assess whether the attorney is a good fit for your case.
What to Discuss:
- The details of your accident and injuries.
- The attorney’s experience handling similar cases.
- Their strategy for achieving the best possible outcome.
- Potential challenges and realistic expectations for your case.
Red Flag:
Be wary of attorneys who overpromise or guarantee a specific outcome during the consultation. Personal injury cases often involve unpredictable factors, and no attorney can guarantee results.
6. Assess Communication and Accessibility
Your attorney should be someone you can trust and communicate with easily. Open and responsive communication is key to a successful attorney-client relationship.
Questions to Ask:
- How often will I receive updates about my case?
- Who will handle my case—will it be you or an associate?
- How quickly can I expect responses to my questions or concerns?
Warning Signs:
- Difficulty reaching the attorney or their staff.
- Delayed responses to calls or emails.
- Lack of clarity in explaining legal terms or procedures.
7. Understand the Fee Structure
Most Illinois personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win. However, it’s important to understand all aspects of the fee agreement.
Key Points to Clarify:
- The percentage the attorney will take from your settlement or award (usually 33–40%).
- Whether additional costs, such as court fees or expert witness fees, are included in the contingency fee or billed separately.
- How and when you’ll receive your settlement proceeds.
8. Look for Resources and Support
Complex personal injury cases often require significant resources, such as expert witnesses, accident reconstructionists, and advanced technology for trial presentations. Ensure your attorney has access to the resources necessary to build a strong case.
Why It Matters:
A well-resourced attorney can:
- Investigate the accident thoroughly.
- Gather compelling evidence.
- Present a professional and persuasive case in court, if necessary.
9. Verify Professional Credentials
An attorney’s education, bar membership, and professional affiliations can indicate their commitment to legal excellence.
Credentials to Look For:
- Membership in the Illinois State Bar Association or other professional organizations.
- Continuing education in personal injury law to stay current with legal developments.
- Recognition or awards from reputable organizations, such as Super Lawyers or the National Trial Lawyers Association.
10. Trust Your Instincts
Ultimately, your choice of attorney should come down to trust and comfort. Pay attention to your instincts during your initial consultation. Do you feel confident in their abilities? Do they seem genuinely interested in helping you achieve a fair outcome?
Example:
A distracted driving victim in Schaumburg chose an attorney who not only had a strong track record but also demonstrated empathy and patience during the consultation. The victim later credited the attorney’s dedication and client-centered approach for the successful resolution of their case.
Final Thoughts: Making the Right Choice
Finding the best Illinois personal injury attorney for your case takes time and research, but the effort is worth it. A highly qualified attorney will guide you through every step of the legal process, advocate for your rights, and fight for the compensation you deserve.
At Palermo Law Group, we specialize in personal injury cases throughout the Chicagoland area. With decades of experience and a proven track record of success, our team is dedicated to helping accident victims achieve justice.
Contact Palermo Law Group Today
If you or a loved one has been injured in an accident, contact Palermo Law Group for a free consultation. Let us help you navigate the complexities of your case and work toward the best possible outcome.
Take the first step toward justice—call us today!
For a free consultation with Palermo Law Group, contact our law firm by calling our phone number at (630) 684-2332 or visit our website at https://www.palermolawgroup.com/.