Did You or a Loved One Suffer Injuries From a Distracted Driver in Illinois?
Call Our Car Accident Lawyer in Springfield for Help
Distracted driving is one of the most preventable causes of motor vehicle accidents throughout the United States and Illinois. Despite being avoidable, distracted driving also continues to increase and remains one of the top causes of traffic injuries or fatalities. In fact, estimates from the World Health Organization (WHO) suggest that distracted drivers are more than 4 times as likely to be involved in a crash as compared to other drivers. Statistics from the National Highway Traffic Safety Administration (NHTSA) reveal that over 3,100 people die in traffic accidents caused by distracted drivers each year in the United States. In addition to these wrongful deaths, the Centers for Disease Control and Prevention (CDC) report that there are roughly 424,000 people injured in traffic accidents caused by distracted drivers in the United States each year. Unfortunately, the distracted driving accident lawyer in Springfield at the Noll Law Office knows that Illinois is one of the worst distracted driving states in the United States, ranking sixth-highest in fatalities.
That’s why the Noll Law Office offers victims and their families a free case evaluation and consultation after any type of personal injury accident, especially a car accident caused by a distracted driver. Their experienced car accident lawyers know how to handle these types of complex cases which often require subpoenaing mobile phone carriers or vehicle manufacturers to obtain mobile phone records or data usage. In addition, their experienced distracted driving accident lawyer in Springfield also knows to handle catastrophic or disabling injury cases which often occur in distracted driving accidents. If you or a loved one were seriously injured in any type of motor vehicle accident and suspect that the other driver was using a cell phone, tablet, GPS, radio, or engaging in any other distraction, call the Noll Law Office to schedule your free case evaluation today.
Understanding Distracted Driving in Illinois
The WHO, CDC, NHTSA, and Department of Transportation (DOT) all define distracted driving very broadly, generally meaning any type of activity that could divert or affect attention from the primary task of driving a motor vehicle. This broad definition is meant to encompass the three types of distractions that may impact a person’s ability to operate a motor vehicle.
The three types of distractions include the following:
- Visual Distractions – Any type of distraction which draws a person’s eyes away from the road, even for just a second.
- Manual Distractions – Any type of distraction that may pull one or both hands away from the steering wheel, even though it is not unlawful to drive with one hand.
- Cognitive Distraction – Any type of distraction which pulls a person’s focus away from the vital and important fast of driving a vehicle.
Most examples of distracted driving include multiple types of distractions, some all three.
Examples of Distracted Driving
Since the definition of distracted driving is so broad, there are many different examples of distracted driving that may cause a motor vehicle accident. As a result, there are many different ways that an experienced distracted driving accident lawyer in Springfield could prove your personal injury case in Illinois.
Some of the most common examples of distracted driving include the following:
- Texting on a cell phone
- Talking on a cell phone
- Using a GPS
- Changing the radio station
- Reading a map, instruction booklet, or other material
- Using a tablet
- Eating or drinking
- Using a laptop computer
- Reading emails or notices
- Using a hand-held radio (specifically for truckers)
- Playing with or adjusting a pet in the vehicle
- Horseplay with a passenger
- Putting on makeup, shaving, or getting dressed/adjusting clothing in the mirror
- Playing with kind or interacting with children
- Using headphones, earbuds, or other types of music devices in your car
- Reaching for something behind a seat or in the back seat
- Adjusting mirrors or different vehicle settings or options
- Rubbernecking or looking at outside distractions along the roadway
- Changing climate settings in a vehicle, and
- Any other visual, manual, or cognitive distraction while operating a motor vehicle.
What is the Law in Illinois on Distracted Driving: Proving Liability Against a Defendant?
Suppose you were involved in an Illinois motor vehicle accident involving a distracted driver. In that case, you and your distracted driving accident lawyer will have several options on how to prove liability (or fault) against a defendant.
Like most personal injury cases, you will assert a cause of action (or claim) for negligence. Under procedural and pleading laws, you are allowed to assert several “theories” of negligence in your complaint. This is sometimes known as an alternative pleading, and it allows you to set forth different ways that the defendant may have been negligent. Although it is true that not every car accident case will go to a lawsuit, because some settle in the negotiation stage, your car accident lawyer will still put forth multiple claims of negligence against a defendant in pre-litigation letters or demands.
Generally, there are two ways to assert a claim for negligence under Illinois law. Your experienced distracted driving lawyer in Springfield will usually asset both on your behalf.
Common Law Negligence
Common law negligence is the most common claim asserted against a defendant in a car accident case. Also known as just negligence, it is a legal concept that refers to the failure of an individual or entity to exercise reasonable care in their actions, resulting in harm or injury to another person or entity. It is a creature of the common law, which is a body of law that is not written down in a statutory law book or regulatory rule book. Rather, it is a type of judge-made law that evolves through judicial decision-making.
Under the Illinois common law, a victim must prove four elements of negligence. There are the following:
- The defendant had a duty of care, and
- The defendant breached that duty, and
- The defendant’s breach of that duty was a proximate cause or substantial factor in causing…
- The victim damages.
As it relates to duty, all motorists owe a duty of reasonable care in the use or operation of a motor vehicle. This duty requires drivers to avoid causing foreseeable harm or acting recklessly in a manner that may cause harm to others on or around the roadway. This duty further requires all motorists to obey the rules of the road and traffic laws. A driver who fails to act reasonably while operating a motor vehicle may be found to be negligent.
What’s An Example of Negligence While Texting and Driving?
Based on these principles, a driver texting while driving who causes an accident and harms another person may be negligent. Drivers owe a duty to operate their vehicles safely and without distraction. By texting on his or her cell phone while driving, the driver breached their duty and failed to meet the standard of care that a reasonably prudent person would have under similar circumstances.
This breach of duty caused the car accident and resulted in personal injuries, establishing causation. As a result of this breach and causation, an injured driver suffered damages in the form of physical injury, medical expenses, and lost wages. It is likely that a defendant would be found negligent under the common law.
Negligence Per Se
In contrast to the common law, there is statutory law which is legislatively-made law that goes through the formal rule-making process. A defendant who 1) violates a statutory law that is 2) meant to prevent a certain harm that is caused to 3) a certain class of persons, may be found negligent per se, or negligent as a matter of law. This doctrine allows a victim to automatically prove liability (or fault) against a defendant, and only have to focus on causation and damages.
When it comes to distracted driving, the most relevant section is 625 ILCS 5/12-610.2, which governs electronic communication devices. Subsection (b) prohibits a person from operating a motor vehicle while operating any hand-held wireless device. If a driver is texting while driving and causes a personal injury accident, the doctrine of negligence per se will allow a victim to automatically hold the defendant liable for the statutory violation. The victim will then be required to prove causation and damages.
A Note on Regulatory Violations and Negligence Per Se
In addition to statutory law, there are also regulatory rules that may apply to certain drivers. The largest area of this is to commercial vehicle drivers such as truck drivers under the Federal Motor Carrier Safety Administration (FMCSA). Many of the FMCSA regulations govern safety, such as equipment, licensing of drivers, and other certain conduct requirements.
When a truck driver violates these rules, he or she may be ticketed by law enforcement. A violation of these rules also may result in licensing fines or revocations. When it comes to causing personal injuries in a trucking accident, a defendant who violates FMCSA rules and causes a crash will not be automatically liable (at fault) under the doctrine of negligence per se.
Rather, the doctrine will only allow for a finding of “evidence of negligence” by the driver. That means it can be used by a victim to help prove liability, but it will not automatically establish liability.
Common Injuries Caused by a Distracted Driving Accident in Illinois
There are many very serious and often fatal types of personal injuries caused by a distracted driver in an Illinois car accident. Many of these injuries are significant, permanent, and disabling because a distracted driver is essentially operating an unguided missile. Thus, a distracted driver that causes a car accident usually leads to serious and catastrophic harm to innocent people.
Some of the most common examples of personal injuries caused by a distracted driver include the following:
- Traumatic brain injuries or TBIs
- Spinal cord injuries or SCI
- Broken bones, including compression fractures to the vertebrae
- Amputations of loss of a limb
- Head injuries
- Nerve injuries
- Internal injuries or organ damage
- Blindness, either full or partial loss of eyesight
- Dislocations or separations
- Burn injuries
- Significant scarring or disfigurement
- Crushing injuries
- Need for a spinal fusion surgery
- Wrongful death, and
- Many other types of very serious or fatal injuries caused by a distracted driving accident in Illinois.
Were You Injured in an Illinois Distracted Driving Accident?
Call Our Experienced Distracted Driving Accident Lawyer in Springfield for Help
If you or a loved one were seriously injured in a motor vehicle accident involving distracted driving, contact the experienced distracted driving lawyer in Springfield at the Noll Law Office for help. Unlike other personal injury law firms in Illinois, the Noll Law Office is dedicated to representing victims of serious or catastrophic accidents without referring cases out to other firms or offices. Their lawyers are fifth-generation attorneys who are from this community, and who proudly serve this community.
That’s why they offer free consultations and pay the upfront costs and disbursements of litigation for victims and their families, which are only reimbursed after recovery is made. If you or a loved one were harmed by a distracted driver in Illinois and an insurance adjuster will not fairly compensate you, contact the Noll Law Office for help today.