Many people in Illinois drive their cars daily. Though many drivers are conscientious and safe when they drive, some are not. Despite your best efforts, it’s still possible to get into an accident when you’re on the road. Some accidents occur because of unfortunate circumstances, while others are caused by negligence or bad driving.
Distracted driving is one of the top causes of car accidents. This is because it is possible for almost anyone to become distracted in the car. Unfortunately, many people barely register that they’re distracted until it’s too late.
When another driver hits you, the reason for the accident feels irrelevant. As you try to regain your health and repair your property, your priority is likely on your family’s safety and security. However, when it comes to the legal system, the cause of an accident is very important. When someone is driving negligently, they can be held responsible for any damage they cause.
If a distracted driver has hit you, you need to find a McHenry County car accident attorney right away.
Franks GerkinPonitz and Greeley: Your Illinois Car Accident Lawyers
Our team is passionate about protecting drivers in Illinois because we have deep roots in McHenry County. Most of us have lived and worked here for many decades, and we care deeply about the community’s well-being. We work diligently to ensure that personal injury victims receive proper compensation for their suffering.
When it comes to distracted driving, we work to make sure that you are not responsible for damages that you did not cause. We believe that individuals need to be held accountable for their actions, so we fight to ensure that the responsible party pays restitution. No other law firm in the area has the extensive expertise that we do.
What Are Distracted Driving Accidents?
Distracted driving can take a lot of different forms, which means that each case is different. But, generally speaking, distracted driving accidents happen when a car’s driver isn’t placing the proper amount of attention on the road. Common causes of distracted driving accidents include:
- Texting or talking on a cell phone.
- Eating.
- Turning to talk or engage with others in the backseat.
- Trying to get something out of reach.
- Adjusting the radio.
- Interacting with digital maps and other apps.
These and other activities take the driver’s attention from the road. As a result, if something happens, they’re likely to miss it and may cause a crash in the process.
When someone’s poor behavior causes an accident, they are responsible for the damages. Though Illinois is a no-fault state, you can still press charges against an individual if they caused an accident. The settlements from these cases help you pay for resulting medical care,damage, and income loss.
Why Do I Need an Illinois Car Injury Attorney?
Personal injury law is very serious, and there is a lot at stake. Many people need the money from their settlements to pay for any damage or medical bills. In distracted driving cases, there’s often damage to the car and injuries to the individuals involved. The cost of the bills can add up quickly, and many people can ill afford the sudden financial consequences of a car accident. The settlement that comes from personal injury cases can help.
Because there’s so much at stake, your opposition will have legal counsel to fight their perspective. If you try to argue against a licensed attorney, especially if you don’t have any training, you’re likely to lose your argument. Many times, people who represent themselves end up losing.
It’s important to remember that you’ll also be healing from your injuries while your distracted driving accident case progresses. You will need time and space to recover. If you choose to represent yourself, you will likely hinder your healing process and worsen the situation. It’s much safer to hire a professional car injury attorney to help you.
Personal Injury From a Distracted Driving Crash
Many serious injuries can result from a distracted driving car accident. Unfortunately, some of these cases are even fatal. The severity of these injuries is just one of the reasons that it’s vital to hire proper legal help to ensure that you get the financial support you need to recover.
Every car accident is different, and many factors contribute to the damage that occurs. Despite this, there are common injuries that occur after an accident. They include:
- Traumatic brain injuries
- Spinal cord injuries
- Road rash and lacerations
- Broken bones
- Severed tendons
- Dental injuries
Many of these injuries are severe and require extensive medical care, so it’s crucial to seek a proper settlement if someone else caused the accident.
Is Distracted Driving Negligent?
Many people are confused about the difference between negligent and distracted driving. In reality, distracted driving is a type of negligence.
Negligence encompasses distracted driving scenarios because drivers are responsible for keeping their eyes and attention on the road. This is part of what we all learn during drivers’ education courses and the road test. Failing to keep one’s eyes on the road fails to follow the law, which is considered negligence.
Personal injury cases often depend on negligence to prove liability. When someone isn’t doing what they’re supposed to do, it becomes clear that they are responsible for any resulting damage.
What Should You Do if You Get Injured by a Distracted Driver?
If you’re in an accident involving a distracted driver, there are certain steps to take to preserve your case and help you secure a settlement. If you get into an accident, do the following:
- Check yourself for any injuries. If you’re severely injured, bleeding excessively, or are lightheaded, it’s important to stay where you are until help arrives.
- If you are safe to move, ensure that all other people in your car are okay.
- Call the police and emergency responders, if necessary.
- Exchange information with the other driver. Write down any apologies or admissions of fault that they may let slip.
- Take photos of the damage, including any injuries and the damage to the other car.
- Take photos of the surrounding road, street signs, and traffic signals.
- Call your attorney.
If you follow these steps, you can keep yourself safe and give yourself the best chance of receiving a proper settlement.
Calling your attorney right away ensures that we have all the necessary information to build your case. If you wait too long, vital evidence may be lost forever.
What Does an Illinois Distracted Driving Attorney Charge?
Many people want to know what they will pay if they hire an attorney for their McHenry County distracted driving case. Though this is a fair question, it’s a difficult one to answer. All attorneys and law firms charge differently for their services. One firm’s rates may be different than another’s. You need to discuss pricing with potential attorneys before you hire them. They will be able to tell you their fee structure and give you an idea of whether you can afford their services. The latter may depend upon how much money you can get from your settlement.
Many personal injury attorneys charge hourly, so the final price may depend upon how detailed and complicated your case is. Some of these claims can be resolved quickly, while others take much more time and courtroom litigation.
Settling Accidents Outside of Court
In some situations, car accident cases do not make it to court. This happens if the attorneys involved canagreeon a settlement. This often occurs when the case is fairly obvious, and one side has a weak case.
Though settling outside court may slightly reduce your settlement, it can save you significant money in courtroom fees and lawyer salaries. Courtroom litigation takes a long time, and many people don’t realize what is required.
Though a settlement is more straightforward, our team will take your case to court if we believe that we can get you a better settlement there. We are not afraid to deny a settlement if you deserve better.
It’s also important to note that personal injury cases usually fall under civil law. This means you have the power to drop the case if you believe it’s the right decision. But, again, you can rely on our team to advise you if this happens.
Trust Franks GerkinPonitz and Greeley: Your Illinois Distracted Driving Car Accident Attorneys
When fighting for your rights after a car accident, no firm is more qualified than our team at Franks GerkinPonitz and Greeley. We have been protecting drivers after distracted driving accidents for many years, which means we have the experience and background to successfully argue your case. No matter your circumstances, we are here to help you navigate the complex process of suing for compensation.
Distracted drivers must be held responsible for the damage that they cause and the people they hurt. Contact us today to learn how we can help you do that.