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Distracted Driving Accident Attorney in Peoria
Car Accidents Caused by Distracted Driving in Peoria
Distracted driving is a major cause of car accidents in the United States. In fact, the National Highway Traffic Safety Administration (NHTSA) estimates that in 2015 at least 4,000 people lost their lives and another 391,000 were injured in accidents caused by distracted drivers. These accidents can result in devastating injuries. In many cases, the victims of these accidents are left with lifelong disabilities that require extensive medical treatment and care.
If you were injured in a distracted driving accident, you may be entitled to compensation for the damages you have sustained. At Joel E. Brown, Attorney at Law, we can help you explore your legal options. Our team is well-versed in the laws governing car accidents and personal injury claims in Illinois. We can help you understand your options and fight for the compensation you need to recover from your injuries.
What Is Considered Distracted Driving in Illinois?
In Illinois, distracted driving is identified as any activity that diverts attention from driving. Here are the key points to consider:
- Use of Hand-held Devices: According to Illinois law, the use of hand-held cell phones while operating a motor vehicle is prohibited. This includes texting or using other electronic communication devices while driving.
- Hands-free Technology: Even using hands-free technology such as a headset or voice-activated controls is considered a distraction while driving and can be dangerous.
- Mobile Phone Use: Drivers are prohibited from using mobile phones for calling or texting while driving. However, mobile phone use is allowed if a hands-free device or Bluetooth technology is used.
- Electronic Communication Devices: It is illegal to operate a motor vehicle on a roadway while using an electronic communication device, including using the device to text or call.
- Age Restrictions: Drivers under the age of 19 with permits or initial driver's licenses are prohibited from using both handheld and hands-free devices.
- Stopped at Traffic Signals: It is illegal to text or talk on the phone while stopped at a red light or a stop sign. Even though you are stopped, you are still considered to be driving.
Penalties for distracted driving in Illinois start at $75 for a first offense and increase with subsequent offenses.
Recovering Compensation After a Distracted Driving Accident
If you were injured in a car accident caused by a driver who was distracted, you may be entitled to compensation. The amount of compensation you can recover will depend on the severity of your injuries. In general, the more severe your injuries, the more money you can recover. In most cases, you can recover compensation for medical bills, lost wages, and non-economic damages, such as pain and suffering.
Proving Distracted Driving
To recover money for your injuries, you will need to prove that the driver who caused the accident was negligent. To do this, you will need to prove that the driver owed you a duty of care, that they breached that duty, that this breach was the cause of the accident, and that this breach was the proximate cause of your injuries.
This can usually be handled by proving that the driver was distracted while driving. However, proving negligence in this situation can sometimes prove difficult, as the driver may argue that they were not being negligent and that the accident was simply unavoidable.
Proving that a distracted driver caused your auto accident injuries involves collecting and presenting evidence that shows the other driver was not paying attention to the road. Here are some ways you can build your case:
Police Reports: A police report is an important piece of evidence. It contains the officer's observations at the scene, statements from all involved parties and witnesses, and sometimes the officer's opinion on who was at fault.
Cell Phone Records: If you suspect the other driver was using their cell phone at the time of the accident, your attorney can subpoena their cell phone records. These records can show if the driver was texting or on a call when the accident occurred.
Witness Testimony: Witnesses can provide crucial information about what happened before, during, and after the accident. This can include passengers in either vehicle, pedestrians, or other drivers who saw the crash.
Photos and Videos: Photos and videos from the scene can show things like skid marks, vehicle damage, and road conditions. Surveillance cameras or dash cams may have also captured the accident.
Medical Records: Your medical records can link your injuries to the accident. They can show the extent of your injuries and that they were likely caused by the crash.
Accident Reconstruction Experts: These professionals can analyze evidence from the crash scene, vehicle damage, and other factors to recreate how the accident likely happened.
Remember, it's crucial to have an experienced personal injury attorney to help you gather this evidence and build a strong case.
Contact Our Office Today
If you were injured in a car accident caused by a distracted driver, you may be entitled to compensation for your injuries. At Joel E. Brown, Attorney at Law, we can help you understand your legal options and pursue the compensation you need to recover from your injuries. Our team is well-versed in the laws governing car accidents and personal injury claims in Illinois. We can help you explore your legal options if you were injured in a distracted driving accident.
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