Texting While Driving Accidents
Texting while driving is outlawed in a number of states, including Illinois. Despite being against the law, texting while driving is very common and causes countless accidents leading to serious injuries and even death. If you or someone you love has been injured in an accident caused by texting while driving, you may be entitled to compensation for your harm. At Therman Law Offices, our Wheaton and Schaumburg texting while driving accident lawyers have the experience, resources, and knowledge to handle your case. You can rest assured that we are committed to holding negligent drivers accountable for the harm that they cause.Holding a Negligent Driver Accountable for Texting While Driving
Texting while driving is a form of distracted driving. The National Highway Traffic Safety Administration defines distracted driving as any activity that diverts your attention from the primary task of driving. The National Safety Council reports that nearly 330,000 injuries occur each year from accidents caused by texting and driving across the United States. In fact, one out of every four car accidents in the U.S. is caused by texting and driving. Research has consistently shown that texting while driving is a serious distraction that can degrade driver performance. According to the Illinois State Police, texting while driving makes you 23 times more likely to crash.
The Illinois Vehicle Code at 625 ILC 5/12-610.2 prohibits texting while driving. It is important to note, moreover, that the statute also prohibits instant messaging, emailing, or surfing the web while driving, using either a cell phone or a laptop computer. This law is often ignored, however, since many drivers continue to text while driving and end up causing serious accidents. Texting may cause a driver to violate a traffic rule, such as failing to yield at an intersection, or it may prevent them from noticing a road hazard that a driver who was paying attention to their surroundings would have noticed.
In Illinois, drivers who carelessly cause accidents by texting and driving may be liable for any resulting harm under the legal theory of negligence. A texting while driving accident attorney in Schaumburg or Wheaton can bring a claim on your behalf. Negligent drivers are people who fail to operate their vehicles as a reasonable person would in the same or similar circumstances, thereby causing injuries or death to another person. A reasonable driver would not text while driving because they would understand the risk of causing an accident associated with taking their eyes off the road. As a result, a driver engaged in this behavior would likely be considered negligent. Establishing negligence after a texting while driving accident requires demonstrating the following elements:
- The defendant owed the plaintiff a duty of care to avoid distractions;
- The defendant breached the duty of care owed to the plaintiff by texting behind the wheel; and
- The defendant’s texting was a direct and proximate cause of the accident and the plaintiff’s resulting injuries.
Once a plaintiff has successfully established negligence, they may be able to recover a variety of damages under Illinois law. These damages typically include medical expenses, property damage, lost wages, future medical expenses, pain and suffering, and any other losses caused by the accident.Contact a Texting While Driving Accident Lawyer in Schaumburg or Wheaton
If you or someone close to you has been injured in an accident caused by someone who was texting behind the wheel, you may be able to recover compensation for your harm. At Therman Law Offices, our knowledgeable attorneys can thoroughly evaluate the facts of your case and help you understand your rights. We understand that the legal process can be daunting, but you can rest assured that we are here to provide you with careful guidance and vigorous advocacy at every step of the way. Our Wheaton and Schaumburg texting while driving accident attorneys also represent people in Norwood Park, Edison Park, Harwood Heights, Norridge, Elmwood Park, Park Ridge, Des Plaines, Rosemont, Elk Grove Village, and Mt. Prospect. For more information, call us at 312-588-1900 or contact us online.