Distracted Driving Accidents in Illinois: Legal Help for Victims in Naperville and St. Charles

Illinois Injury Attorneys for Car Accidents Due to Texting, Cell Phone Use, and Other Distractions

Distracted driving is an increasing concern on Illinois roads, causing thousands of accidents every year. As technology has advanced, so has the temptation for drivers to divide their attention between the road and their devices, leading to devastating consequences for victims. At John J. Malm & Associates, we represent individuals in Naperville, St. Charles, and surrounding areas who have been injured due to distracted drivers and help them recover compensation for their injuries. With distracted driving accidents on the rise, it’s critical to understand the legal implications and your rights if you’ve been affected.

The Growing Danger of Distracted Driving in Illinois

Distracted driving includes any activity that diverts a driver’s attention from the road. In Illinois, this has become a significant problem, especially with drivers using smartphones, in-car entertainment systems, and other technology while driving. According to the Illinois Department of Transportation (IDOT), distracted driving was a factor in more than 1,000 traffic fatalities across the U.S. in 2020, with Illinois seeing its share of serious crashes. The hands-free law in Illinois, which prohibits the use of handheld devices while driving, is a step forward, but the prevalence of distracted driving remains a persistent challenge.

Case Results: Recoveries for Distracted Driving Accident Victims

At John J. Malm & Associates, we have successfully secured significant settlements for clients injured in distracted driving accidents. Here are two examples of recent case results:

• $2,000,000 Settlement: Our firm secured a $2,000,000 settlement for two victims— a motorcycle rider and passenger— who were severely injured when a distracted delivery truck driver failed to keep a proper lookout and pulled out onto a rural highway without noticing the motorcycle, causing a collision. The crash resulted in serious injuries for both motorcycle occupants. This case underscores the importance of holding distracted drivers accountable.
• $718,000 Settlement: We also recovered $718,000 for clients injured in a collision caused by a semi-truck driver who was texting on his cell phone while driving on I-88. The driver’s distraction led to a serious accident, causing significant injuries to the victims. This case highlights the dangers of distracted driving, especially when involving large commercial vehicles.

The Legal Issues in Distracted Driving Cases

When a distracted driving accident occurs, it leads to a variety of legal issues. Victims may seek compensation for their injuries, but proving that the driver was distracted and liable for the car accident can present challenges in personal injury litigation.

Proving Distracted Driving in Court

Unlike DUI cases, where there is often clear evidence like a breathalyzer test, proving distracted driving can be more difficult. However, there are several methods to gather evidence:

• Phone Records: Attorneys can request the driver’s phone records to show the driver was texting or using apps at the time of the accident.
• Eyewitnesses: Witnesses may testify that they saw the driver engaging in distracted behaviors, such as looking at a phone or turning away from the road.
• Surveillance Cameras: Video footage from nearby businesses or traffic cameras can provide visual proof of distracted driving.
• Accident Reconstruction: Experts can analyze the accident and provide testimony based on factors like speed, braking distance, and the actions of the driver. Source: National Highway Traffic Safety Administration (NHTSA).

Establishing Negligence and Liability

In Illinois, distracted driving cases fall under negligence. To recover damages, the plaintiff must demonstrate that the defendant owed a duty of care, breached that duty by driving distracted, and caused the accident. Proving negligence is crucial in securing compensation for medical expenses, lost income, and pain and suffering.

Illinois follows a modified comparative negligence rule, which allows a victim to recover damages even if they were partially at fault for the accident, as long as their fault is less than 50%. However, the damages awarded are reduced by the victim’s percentage of fault. For example, if a distracted driver is found to be 80% responsible for the accident and the victim 20%, the plaintiff’s compensation will be reduced by 20%.

Insurance Companies and Distracted Driving Cases

Insurance companies may try to minimize compensation by disputing the severity of injuries or claiming that the victim was partially responsible. In cases of distracted driving, they may argue that the accident was unavoidable. At John J. Malm & Associates, we are experienced in dealing with these tactics and fighting to ensure our clients receive full compensation.

Recovering Damages for Distracted Driving Victims

Victims of distracted driving accidents may recover several types of damages in Illinois:

• Medical Bills: Compensation for current and future medical expenses related to the accident.
• Lost Wages: Recovery for time missed from work and loss of future earning capacity.
• Pain and Suffering: Damages for the emotional distress, physical pain, and reduced quality of life caused by the accident.
• Punitive Damages: In cases involving gross negligence, such as texting while driving, punitive damages may be awarded to deter similar behavior in the future.

Understanding Illinois Distracted Driving Laws

Illinois law prohibits the use of handheld electronic devices while driving, under the Illinois Vehicle Code (625 ILCS 5/12-610.2). Drivers caught violating this law face penalties, including fines, notes on their driving record, and possible license suspension. In cases where a distracted driver causes an accident that results in injury or death, they can face civil lawsuits as well as criminal penalties.

Law enforcement agencies in Illinois have increased efforts to combat distracted driving through awareness campaigns and enforcement initiatives, helping to reduce accidents and hold drivers accountable for their actions.

Why Distracted Driving is So Dangerous: A Real-Life Example

Imagine a distracted driver traveling at 45 miles-per-hour approaching a crosswalk. At this speed, the car moves at 66 feet per second. An alert driver typically needs about 1.5 seconds to react to a pedestrian stepping into the crosswalk, but a distracted driver may take up to 3 seconds. In those 3 seconds, the car would travel 198 feet before the driver even reacts.

Once the driver finally applies the brakes, the car would still need an additional 124 feet to stop under ideal road conditions. The total stopping distance would be 322 feet—far too late to avoid a pedestrian in the crosswalk. This example highlights the deadly consequences of distracted driving and emphasizes the importance of staying attentive on the road. Source: NHTSA.

“Distracted driving is entirely preventable, yet it continues to cause needless harm. Our firm is committed to ensuring that victims receive the justice they deserve and that reckless drivers are held fully accountable for their actions.” – John J. Malm

John J. Malm & Associates: Legal Help for Distracted Driving Accident Victims in Naperville and St. Charles

Distracted driving is a serious issue in Illinois, and at John J. Malm & Associates, we are dedicated to holding negligent drivers accountable. If you or a loved one has been injured due to a distracted driver, contact the top-rated Illinois car accident attorneys at John J. Malm & Associates for a free consultation. We are dedicated to helping accident victims navigate the complex legal landscape and obtain the justice they deserve.