Driving and Texting in Illinois: What is the Law?

Texting while driving is a dangerous behavior that significantly increases the risk of car accidents. To address this hazard, Illinois has implemented strict laws to prevent distracted driving and enhance road safety. Understanding these laws is crucial for all drivers in Illinois to avoid legal penalties and, more importantly, to contribute to safer roads.

Illinois Texting and Driving Laws

Illinois has a comprehensive set of laws designed to curb distracted driving, with specific emphasis on texting while driving. Here are the key points of these laws:

1. Handheld Device Ban:
   • Prohibition: It is illegal to operate a motor vehicle while using a handheld electronic communication device. This includes holding a phone to text, make calls, or browse the internet.
   • Scope: The ban applies to all drivers, regardless of age or experience.
2. Texting While Driving:
   • Specific Ban: Texting while driving is explicitly prohibited. This includes composing, sending, or reading text messages or emails.
   • Applies Even When Stopped: The law applies even when the vehicle is temporarily stopped at a traffic light or stop sign. The only exceptions are if the vehicle is parked or pulled over to the side of the road.
3. Exceptions to the Ban:
   • Emergency Situations: Drivers are allowed to use their phones in emergencies to call 911, report an accident, or summon emergency assistance.
   • Hands-Free Devices: According to the Illinois Secretary of State, using a hands-free device or Bluetooth technology is permitted for drivers 19 years old and older. Drivers can use voice-activated commands to make calls or send texts without holding their phone.
   • Commercial Vehicles: Drivers of commercial vehicles and school bus drivers may use two-way radios, which are not considered handheld electronic devices under the law.
4. Penalties for Violations:
   • Fines: First-time offenders can face fines starting at $75, with subsequent offenses resulting in higher fines. A second offense can result in a fine of $100, a third offense $125, and any further offenses $150 each.
   • Moving Violation: Texting while driving is considered a moving violation. Accumulating three moving violations within a year can lead to a driver’s license suspension.
   • Aggravated Offenses: If texting while driving leads to a crash that results in great bodily harm, permanent disability, or disfigurement, the driver can face aggravated charges, which carry more severe penalties, including possible jail time.
5. Driver’s License Impact:
   • Points on License: Each moving violation adds points to the driver’s license, which can affect insurance rates and lead to license suspension.

Enforcement and Awareness

Illinois law enforcement agencies are vigilant in enforcing texting and driving laws. Regular campaigns and checkpoints are conducted to catch violators and increase public awareness about the dangers of distracted driving.

The Importance of Compliance

Understanding and complying with Illinois’ texting and driving laws is vital for several reasons:

1. Safety: Texting while driving significantly increases the likelihood of motor vehicle accidents. Compliance with the law helps reduce the risk of collisions, injuries, and fatalities.
2. Legal Consequences: Avoiding fines, points on your license, and potential license suspension by adhering to the law.
3. Setting an Example: By following the law, drivers set a positive example for others, particularly younger drivers who are at higher risk for distracted driving.

Tips to Avoid Texting While Driving

1. Use Hands-Free Technology: Equip your vehicle with Bluetooth or other hands-free devices to make calls or send texts safely.
2. Set Up Auto-Reply Messages: Many smartphones have features that allow you to set up automatic replies to incoming texts, letting others know you are driving and will respond later. Another option is setting your phone on do not disturb while you are driving.
3. Plan Ahead: If you need to send a message or make a call, do so before you start driving or pull over safely to complete your communication.
4. Use Apps: Several apps can block incoming texts and calls while you’re driving, helping you stay focused on the road.

Texting while driving is a serious offense in Illinois, carrying significant penalties and posing grave risks to road safety. By understanding and adhering to the laws against distracted driving, motorists can help create safer roads for everyone. If you or a loved one has been affected by a distracted driving incident, consulting with an experienced personal injury attorney can provide guidance and support in seeking justice and compensation. Remember, no text is worth a life—keep your hands on the wheel and your eyes on the road.

Contact the Illinois Car Accident Lawyers at John J. Malm & Associates

If you or a loved one has been injured in a car accident with someone who was texting and driving, contact the knowledgeable personal injury lawyers at John J. Malm & Associates to learn how you can receive compensation for your injuries.