September 14, 2024

Proving Distracted Driving in Illinois Car Accidents

Distracted driving is one of the leading causes of accidents in Illinois.

Whether it’s a quick glance at a text message or fiddling with the radio, these moments of distraction can lead to devastating crashes. You may be entitled to compensation because of these negligent actions.

Proving that the other driver was distracted at the time of your accident can significantly affect the outcome of your claim, but it’s not always straightforward.

Learn more about proving the cause of your accident and why you need the help of a skilled Illinois car accident attorney.

What is Distracted Driving in Illinois?

Distracted driving occurs anytime a driver’s attention is diverted from the road.

This can happen in various ways, and many may not even realize how dangerous these actions are.

The National Highway Traffic Safety Administration (NHTSA) defines three types of distractions:

Visual – Taking your eyes off the road, such as looking at a phone or GPS.
Manual – Removing your hands from the wheel, for example, to eat or adjust a device.
Cognitive – Diverting your focus, like daydreaming or being preoccupied with thoughts.

In Illinois, texting while driving is strictly prohibited, and other distractions can still be cited as negligent driving.

However, it can be challenging to establish that the driver’s distraction directly caused the crash without clear evidence.

How Distracted Driving Causes Accidents

Distracted driving significantly impairs a person’s reaction time and awareness.

Even a few seconds of inattention can mean the difference between avoiding a collision and causing one.

In Illinois, rear-end collisions and side-swipes are common outcomes of distracted driving.

For instance, if a driver is looking at their phone, they might not notice traffic slowing ahead or drifting into another lane, causing a crash.

Statistics show that distracted driving is involved in a growing number of severe accidents.

According to the NHTSA, more than 3,000 people were killed in distracted driving accidents nationwide in recent years, and thousands more were injured.

Even brief distractions can be dangerous.

How Can I Prove That the Other Driver Was Distracted?

Proving distracted driving can be complex, as the driver isn’t likely to admit they were not paying attention.

However, several methods can help establish that the other driver was distracted at the time of the accident:

Eyewitness Testimonies

If other drivers or pedestrians witnessed the crash, they could provide crucial testimony. They may have seen the at-fault driver using their phone, reaching for something, or otherwise distracted.

Phone Records

Phone records can serve as a strong indicator of distracted driving. If a driver was texting or using their phone at the time of the crash, these records can be subpoenaed and used as evidence.

Surveillance Footage

Traffic cameras or surveillance footage from nearby businesses might capture the at-fault driver engaging in distracting activities right before the crash. This footage can provide compelling visual evidence.

Vehicle Data

Many modern vehicles are equipped with technology that tracks driver behavior. This data may reveal whether the driver was using hands-free technology or if the vehicle’s safety systems activated before the crash, suggesting a delayed reaction.

Police Reports

After an accident, police officers often document if they believe distracted driving was a factor. They may note that the driver appeared distracted or admitted to being on their phone.

Social Media Posts

In some cases, social media activity can serve as indirect evidence. If the driver posted something online close to the time of the crash, it could suggest they were distracted.

What to Do If You Suspect Distracted Driving Caused Your Accident

If you believe the driver who hit you was distracted, taking action as soon as possible is crucial. Immediately after the accident, there are steps you can take to preserve evidence and protect your rights:

Document the Scene – If you can, take photos of the scene, damage to the vehicles, and any potential distractions (e.g., an open phone app on the other driver’s dashboard).
Gather Witness Information – Speak with anyone who saw the accident and get their contact information. Their testimony could be valuable later.
Request a Copy of the Police Report – After the crash, obtain a copy of the police report. This document will provide an official record of the accident and may include important observations about the driver’s behavior.
Seek Medical Attention – Even if you feel fine, get checked by a doctor. Some injuries may not be immediately apparent but could impact your claim later.

After these initial steps, contacting a personal injury lawyer experienced in distracted driving claims is essential. Evidence can disappear quickly, and having legal representation ensures you don’t lose valuable proof.

How Staver Accident Injury Lawyers Can Help Prove Distracted Driving

Distracted driving cases require thorough investigation and skilled legal strategies to prove the driver was at fault.

Attorney Jared Staver and the team at Staver Accident Injury Lawyers have years of experience handling these types of cases in Illinois. They know how to uncover evidence and build a strong case on your behalf.

Here’s how they can help:

Evidence Collection: The firm will obtain phone records, vehicle data, and any surveillance footage that can prove the driver’s distraction. They also work with accident reconstruction experts to determine the sequence of events and establish liability.
Negotiating with Insurance Companies: Insurance companies often try to minimize distracted driving claims, but Staver Accident Injury Lawyers won’t let them undervalue your case. They will handle all communication with insurers and fight for the maximum compensation you deserve.
Legal Experience & Guidance: With a deep understanding of Illinois traffic laws, Attorney Staver can identify when the other driver has violated distracted driving statutes and use this to your advantage in negotiations or court.
Client-Focused Representation: Staver Accident Injury Lawyers offer compassionate, client-focused service. Their goal is to reduce your stress while fighting aggressively for your rights.

Get Help Proving Distracted Driving and Pursue Your Claim

Proving distracted driving can significantly improve your claim, but it requires timely action and expert legal guidance.

The team at Staver Accident Injury Lawyers knows what it takes to prove the other driver wasn’t paying attention and help you recover the compensation you need.

Schedule your free, no-risk consultation today. There are no up-front fees, and you owe us nothing unless you recover compensation. Reach out online or call (312) 236-2900.