How to Prove Negligence in a Car Accident Caused By Distracted Driving

 Posted on August 20, 2021 in Car Accidents

Driving a vehicle, especially at high speed, takes considerable attention and focus. Drivers sharing the road with others are responsible for operating their vehicles safely. When attention is directed elsewhere, there is great potential for dangerous situations. Distracted driving is one of the leading causes of car accidents across the nation, and Illinois is no exception. If you or a loved one was harmed in a distracted driving accident, you may be able to pursue a personal injury claim to recover compensation for the injuries.

Identifying Distracted Driving

Any task or maneuver that distracts a driver from paying attention to the road is considered distracted driving. There are three primary categories of distractions that drivers face. Visual distractions result in the driver taking their eyes off the road, such as checking a text message. Manual distractions involve the driver taking one or both hands off of the wheel, such as eating. Lastly, cognitive distractions cause a driver’s thoughts to focus on something other than driving safely, like arguing with a passenger.

The United States sees over 1 million distracted driving crashes every year. In 2018, Illinois police issued 15,150 distracted driving citations. One of the most common activities that lead to distracted driving is the use of a smartphone when behind the wheel. People who choose to use their smartphones when driving have a much greater chance of being involved in an accident. The majority of drivers agree that texting while driving can be very dangerous; however, a great number of people continue this behavior.

Consequences of Distracted Driving

In the state of Illinois, the handheld use of smartphones and other communication devices is prohibited while driving a vehicle. A moving citation can be issued to drivers who are caught using such devices. Three moving violation convictions in a single year can result in suspended driving privileges. Beyond the citation, the court may also order a first-time offender to pay a $75 fine. A second offense will result in a fine of $100, and a third offense will result in a $125 fine.

While the fines may not be considered hefty, there may be serious consequences for texting drivers when their actions result in a car accident. If another driver or other passengers were injured in a crash due to distracted driving, the injured victims can file a claim against the at-fault driver. The victim(s) must prove that the driver was negligent at the time of the crash. Negligence can be established if the plaintiff can provide evidence that the accident was caused by distracted driving. If the accused driver received a distracted driving citation, the driver will most likely be presumed negligent by the court. Without this citation, proving negligence in a distracted driving case can be more difficult, and it is in the victim’s best interest to connect with a personal injury attorney who can help to hold the negligent driver accountable.

Contact Our Glenview, IL Personal Injury Attorneys Today

Distracted driving continues to cause very serious car accidents across the country. While the use of a smartphone is not the only type of distraction at play, it is one of the most common and most dangerous. If you or a loved one has been injured in a distracted driving accident, our North Shore personal injury attorneys can assist in collecting evidence and recovering any available damages. Contact Gruzmark Law, Ltd. to schedule a free consultation by calling 847-729-7660.

Sources:

https://www.chicagotribune.com/news/ct-cb-illinois-texting-while-driving-crackdown-20190620-ad4wybdspnbsljvomhssu5whea-story.html

https://www.nhtsa.gov/risky-driving/distracted-driving