Texting behind the wheel is one of the most reckless decisions a driver can make. If you were involved in a crash with a texting driver, a Naperville car accident lawyer can help you hold them accountable.
Car accidents often lead to costly medical bills and time away from work. A texting while driving accident lawyer in Naperville from Charlie Therman Injury & Accident Lawyers, P.C., can help you file a claim and pursue compensation.
The Role of a Naperville Texting While Driving Accident Lawyer
Proving that distraction caused your crash isn’t always simple, and insurance companies rarely hand over compensation without a fight. A Naperville texting while driving accident lawyer can help by:
- Collecting evidence: Attorneys know how to gather phone records, traffic camera footage, witness accounts, and vehicle data that point directly to texting as the cause of the crash.
- Handling insurance company disputes: Insurers often try to downplay the distraction or shift part of the blame onto the victim. A lawyer can push back against these tactics and present strong evidence that supports your version of events.
- Managing negotiations: An attorney can handle negotiations with the insurance company and fight for a payout that reflects the full extent of your losses.
- Preparing for trial: Most cases settle, but not all. If a trial becomes necessary, your lawyer can take your case to court and push for a positive outcome.
Types of Compensation You May Recover
Victims of distracted driving accidents can recover a variety of types of compensation, including:
- Medical expenses: This includes emergency care, surgery, physical therapy, medication, and any long-term treatment you require.
- Lost income: If your injuries force you to miss work, you can seek reimbursement for the pay you lost during your recovery.
- Reduced future earning capacity: Some injuries make returning to your previous job impossible. Your compensation can reflect the income you will lose in the future.
- Property damage: This covers the repair or replacement of your vehicle and any personal items damaged in the crash.
- Pain and suffering: Physical discomfort, emotional distress, and reduced quality of life can also factor into your claim.
- Permanent disability or disfigurement: Severe injuries that change your daily life can increase the value of your claim.
- Loss of enjoyment of life: If your injuries prevent you from doing activities you once enjoyed, that harm is compensable as well.
A Naperville personal injury lawyer can help make sure your settlement covers your losses.
How Long Do You Have to File a Texting While Driving Accident Claim in Illinois?
Illinois generally gives injury victims two years from the date of a car accident to file a lawsuit. Missing the deadline almost always results in you losing your right to recover compensation, which is why you should reach out to a lawyer immediately after your accident.
How Texting Laws in Illinois Affect Your Case
Illinois prohibits all use of handheld devices while operating a vehicle. If the at-fault driver was texting, they were breaking the law. That violation can support your claim and potentially make the insurer more willing to negotiate.
However, you still need clear evidence linking the distraction to the crash, which a lawyer can help gather.
How Fault Is Determined in Texting While Driving Accidents
Evidence that can help establish fault in a distracted driving accident case includes:
- Phone records showing recent text activity
- Traffic camera footage
- Black box or vehicle data indicating no braking before impact
- Witness statements
- Photos showing the driver holding a phone
- Police observations at the scene
Even without direct proof, circumstantial evidence like erratic lane changes or sudden drifting can support your claim that distraction caused the accident.
What to Do After a Texting While Driving Accident in Naperville
The steps you take after a crash will affect how your claim unfolds. Here’s what you should focus on:
- Call the police: A formal crash report documents what happened and helps establish the scene of the accident.
- Take photos and video: Capture the vehicles, skid marks, road conditions, traffic lights, and anything else that seems important.
- Gather witness information: Anyone who saw the driver texting can offer useful testimony later.
- Seek medical care: Even if you feel fine, internal injuries and whiplash often show up late.
- Avoid talking about fault: Stick to the facts at the scene and when speaking to insurers.
- Consult a lawyer: Call an attorney to start putting together your case.
Talk to a Naperville Texting While Driving Accident Lawyer
Texting while driving accidents are entirely preventable. If you were the victim of one, a Naperville texting while driving accident attorney from Charlie Therman Injury & Accident Lawyers, P.C., can help gather evidence to prove liability and pursue the compensation you deserve.
Schedule a free consultation to find out how you can hold the other driver accountable for your losses.
