How Does Texting and Driving Affect an Illinois Personal Injury Claim?

 Posted on August 11, 2020 in Personal Injury

Any behavior that removes a driver’s eyes or attention away from the road can pose a danger to others and cause a serious accident, but texting while driving gets much of the attention in distracted driving discussions. Many motorists have access to a smartphone at their fingertips at all times, and the National Highway Traffic Safety Administration (NHTSA) reports that cell phone use was a factor in 14 percent of distracted driving accident fatalities in 2018. If you have been injured in an accident involving texting and driving, you should be aware of the effects that it may have on your ability to seek compensation. In some cases, a negligent driver may be found liable for your pain and suffering.

Legal Implications of Texting and Driving in Illinois

Under Illinois law, texting and driving can be a factor in both civil and criminal litigation. Cell phone use behind the wheel may affect your case in the following ways:

• Another driver’s texting can strengthen your case against him or her. Texting while driving, along with other types of distracted driving, can be considered forms of negligence because they show a disregard for other drivers’ safety. If you were injured by a driver who was texting and you have evidence to prove it, you stand a better chance at receiving full compensation for your damages through a personal injury claim.

• Your texting can reduce your compensation. If you were texting and driving at the time of a car accident in which you were injured, it is unlikely that you will receive full compensation for your damages even if another driver was also partially responsible. If a court finds that you were less than 50 percent at fault, your compensation will be reduced in proportion to your liability, and if you were more than 50 percent at fault, you will be unable to recover any damages.

• A texting driver may face criminal charges. Illinois law prohibits drivers from all handheld cell phone use in most circumstances. A texting driver who injures or kills another person may not only be required to compensate for that person’s damages, but may also face criminal misdemeanor or felony charges depending on the severity of the resulting injuries.

Contact a DuPage County Personal Injury Attorney

Personal injury cases involving texting and driving can be complicated, but an attorney can help you determine the best way to proceed. At Mevorah & Giglio Law Offices, we can help you gather evidence of another driver’s negligence, including camera footage and phone records, to increase your chances of receiving compensation. We can also help you if you are partially at fault to ensure that you receive as much compensation as possible. Call our knowledgeable Lombard, IL car accident lawyers today at 630-932-9100 to schedule a free consultation.