Steps to Take When Pursuing Injury Compensation From a Distracted Driving Collision 

 Posted on March 14, 2022 in Car Crashes

Car accidents can be devastating and lead to serious, life-altering injuries. Distracted driving, including texting and driving, causes thousands of severe injuries and fatalities each year in the United States. To combat the use of cellphones or other electronic devices when driving, Illinois passed a law prohibiting distracted driving. However, distracted driving continues to be an issue rampant on the roads. Victims that have been injured during a car collision from a distracted driver may be awarded financial compensation to help cover the costs of their injuries. Distracted driving also may lead to severe legal consequences.

Understanding Illinois Distracted Driving Laws 

According to 2022 driving statistics, approximately 400 fatal crashes caused by texting and driving occur each year in the United States. This figure indicates the need for safety laws to prevent distracted driving. Illinois law states that drivers may not use hand-held electronic devices while driving on the road. The legal consequences for texting or using a device while driving can include fines anywhere from $75 to $1,000. If a driver causes bodily harm to another individual due to distracted driving, they may be charged with aggravated use of a device while driving, leading to a Class A misdemeanor for bodily injuries to the victim or a Class 4 felony if the victim is killed. 

Establishing a Faulty Party 

If you were a car accident victim of a distracted driver, you may be entitled to financial compensation to aid in your recovery. To hold the other driver responsible for their distracted driving, you must establish that they were the faulty party. Declaring fault may seem like an easy pursuit; however, it can be challenging to prove fault in a car accident, especially if the faulty driver obtains legal representation. Suppose you are looking to establish fault and receive compensation for your injuries or a loved one’s death. In that case, it is in your best interest to speak with or hire a skilled personal injury attorney with experience establishing fault in distracted driving cases. 

Obtaining Compensation for Your Injuries 

There are a few steps to take when looking to file a personal injury suit for your injuries after a distracted driving collision. Alongside an attorney, here is the step-by-step process to follow:

• Collect evidence for your case that established fault of the distracted driver and establish liability to hold them responsible. 

• File a personal injury claim or lawsuit against the distracted driver no longer than two years following the accident. 

• Work alongside your lawyer during negotiation with the other party when attempting to receive a financial payout.

• Prepare for trial in the case that litigation is necessary to award your compensation.

Speak With an Experienced Car Accident Injury Attorney in Joliet, Illinois

At Michael J. Lichner - Will County Personal Injury Lawyer, Joliet personal injury attorney Micheal Lichner believes that victims of distracted driving should receive their justified financial compensation. After years of experience advocating for clients who were injured, our attorney has the skills to properly evaluate the details of your case and help you in the process of pursuing a civil lawsuit. We offer a free consultation to help you begin your journey towards receiving compensation. Call us today at 815-730-1977 to schedule your initial appointment with our team. 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-610.2