Dupage County Distracted Driver Accident Attorneys
Drivers have a responsibility not only to themselves while operating a vehicle but also to everyone else on the road. Driving while distracted does more than break the law; it also puts others in serious danger. For those who have been in an accident because of someone else’s distracted driving, there may be many bills to pay and medical recoveries still in progress. A knowledgeable personal injury lawyer can help you navigate the legal process and fight for the compensation you need to recover fully.
If this is you, the dedicated team at Franks Gerkin Ponitz & Greeley can help. A Dupage County distracted driver accident lawyer from our firm will work tirelessly to ensure you receive the compensation and justice you deserve, allowing you to focus on healing and moving forward..
How Illinois Determines Fault
In the State of Illinois, more than one driver can be legally considered to be at fault for an accident. The comparative negligence law allows drivers to collect compensation for damages if they are less than 50% responsible for the accident. The more responsible a person is, the less they may be able to recover. For example, rather than receiving 100% of the cost of the damages, they may only receive a portion of it because they were partially responsible.
Insurance companies are involved in the process of determining who is at fault and what percentage of the accident a driver is responsible for. They may allow adjusters to interview witnesses, review the evidence surrounding the collision, and examine other facts that can contribute to their understanding of who was at fault.
What Is Distracted Driving?
Distracted driving is anything that pulls a driver’s attention away from driving. There are innumerable ways in which a driver may be distracted, but some of the most common examples include:
- Texting or using a handheld communication device.
- Eating and drinking.
- Fixing your hair or makeup.
- Caring for children who are in the car.
- Adjusting the radio or GPS.
- Listening to excessively loud music.
- Talking on the phone, even if it is a Bluetooth or hands-free device.
- Talking with passengers in the car.
It can be easy for a driver to become distracted without realizing it. Even though an individual may change their radio station every day while driving to work, this simple act can be enough to draw their attention away from a stray deer on the road or another vehicle braking in front of them.
Recovering Compensation
If you have suffered physical harm or property damage as a result of a distracted driver, it is important to seek financial compensation. An experienced car accident attorney can help you navigate which steps to take and how to file a claim. One important aspect in making sure you are eligible to receive compensation from the distracted driver is to establish negligence on their part. Your attorney can investigate the situation and help you do this.
Additionally, you will need to file a claim with the person’s insurance company. If they have insurance and are legally considered to have been responsible for more than 50% of the accident, you can receive compensation for losses such as damage to your vehicle, medical expenses that have arisen because of the accident, loss of wages due to your needing time off work to recover, and more.
FAQs About Distracted Driver Accident Law in Dupage County,IL
What Is the Illinois Law for Distracted Driving?
There are various actions that Illinois state law prohibits while driving in order to help drivers maintain their focus. One common example of this is the use of electronic devices such as cell phones while driving. Additionally, other forms of distracted driving that are dangerous include driving while tired or sleepy, handling the radio or other settings in the car, taking one or more hands off of the wheel, and anything else that may divert your attention from the road.
What Can Be Considered Distracted Driving?
Distracted driving is a term that refers to any action a driver takes that diverts their attention from the act of driving. Some distractions are physical, such as using a cell phone or trying to eat or drink while driving. Other distractions can be more emotional or mental, such as driving while you are extremely tired or upset. Passengers in the car can also be distractions, especially if they are loud and boisterous.
What Are Some Effects of Distracted Driving?
The effects of distracted driving vary from situation to situation but can be as simple as slightly swerving within your lane to as major as causing a massive collision. Diverting your eyes from the road for even a moment can have monumental effects, leading you to drift into an oncoming lane of traffic or off of the road completely. It can also make you collide with another car, a pedestrian, an animal, or other things nearby.
What Are the Penalties for Distracted Driving in Illinois?
For distracted drivers in Illinois who are found using a handheld device, they can receive a fine. A first-time offender may receive less of a fine than a repeat offender. This type of penalty is a moving violation, even if your vehicle is stopped at a stop sign or a red light. If a driver receives multiple penalties within a certain time period, they may face a suspension of their license.
Franks Gerkin Ponitz Greeley, Distracted Driver Accident Lawyers
Distracted driving can have dramatic effects on a person’s life, whether they were the distracted driver or another driver who suffered harm as a result of someone else’s actions. If you have suffered loss because of someone else’s neglect in driving, it is important to seek legal counsel. You may be eligible to receive compensation for damage done to your vehicle as well as for any medical expenses you may have incurred as a result of the accident.
At Franks Gerkin Ponitz Greeley, we have handled many cases involving distracted driving. We understand the complexity of such cases and how to help you navigate the enormous load of legal paperwork, the process of going to court, and how to make sure you are compensated if you were wrongfully injured. Do not try to navigate such a case on your own. Contact us today to learn more about your rights as a driver and how we can help protect them and fight for you.
