Chicago Distracted Driving Accident Lawyer

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founder, Joseph Conboy who has years of legal experience. Our last modified date shows when this page was last reviewed.

Last updated on: April 24, 2025

Joseph Conboy | January 20, 2025
Chicago distracted driving accident lawyer

Distracted driving is a leading cause of motor vehicle accidents in Illinois. These crashes can result in severe injuries, costly medical bills, and long-term emotional trauma. The consequences can be life-changing when drivers take their eyes off the road, even for a few seconds.

Conboy Law Injury & Medical Malpractice Lawyers know how devastating the actions of a distracted driver can be. Our team of professional Chicago distracted driving accident lawyers helps victims hold negligent drivers accountable. We are here to assist if you or a loved one has been harmed in a car crash. We fight for fair compensation to cover your medical expenses, lost income, and other damages.

Understand Distracted Driving with our Chicaco Distracted Driving Accident Lawyer

Distracted driving is any activity that takes a driver’s attention away from the road. It is one of the leading causes of motor vehicle accidents in Chicago and across the U.S. Distractions can be manual, visual, or cognitive, and all three greatly increase the risk of a car crash.

Examples of distractions include cell phone use, eating while driving, or adjusting vehicle controls. Texting is particularly dangerous because it combines all three types of distractions. When drivers are distracted, they may fail to react to sudden changes on the road, putting themselves and others in harm’s way.

Illinois has strict distracted driving laws to reduce these risks. Yet, many drivers still engage in these dangerous behaviors. Victims of distracted driving accidents may face serious injuries and financial burdens. Knowing your legal rights is essential to protecting yourself and seeking justice.

Looking for a Personal Injury Lawyer? Contact Conboy Law Injury & Medical Malpractice Lawyers Today!

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Common Causes of Distracted Driving

Common causes of distracted driving

Distracted driving happens when a driver focuses on anything other than the road. Some of the most common causes that lead to motor vehicle accidents are:

Texting While Driving

Texting while driving is one of the most dangerous forms of distracted driving. It requires drivers to use their hands and eyes and pay attention to the phone instead of focusing on the road. Even taking your eyes off the road for five seconds while driving at highway speeds is like traveling the length of a football field blind. Illinois laws ban texting while driving, but many drivers continue to break this rule.

Using a cell phone while driving highly increases the chances of a car crash. Drivers may not notice traffic signals, other cars, or pedestrians. To prevent accidents, pull over if you need to send or read a text. Avoiding distractions like texting saves lives and keeps the roads safer for everyone.

Eating or Drinking

Eating or drinking while driving is another risky behavior that leads to motor vehicle accidents. When drivers hold food or beverages, they take one or both hands off the wheel. This manual distraction makes it harder to control the vehicle or respond to emergencies. Spilling a drink or dropping food can also cause panic and take the driver’s focus away from driving.

Many crashes occur because drivers try to multitask while eating, especially during their commute. This creates unsafe situations for themselves and others on the road. To reduce risks, drivers should eat or drink before starting their trip or after reaching their destination.

Talking to Passengers

Talking to passengers can distract a driver in several ways. It may involve turning your head to speak or focusing on the conversation instead of the road. Emotional or loud discussions are especially dangerous because they distract the driver from safe driving. Young or inexperienced drivers are more likely to get distracted by passengers.

Missing traffic signals or failing to notice sudden hazards often happen when drivers are not paying full attention. Passengers should avoid distracting the driver and let them concentrate on the road. Keeping conversations light and brief ensures everyone stays safe.

Visual Distractions

Visual distractions occur when drivers look at something other than the road. This might include checking a GPS device, looking at billboards, or observing roadside activities. These distractions are particularly dangerous because they take the driver’s focus away from the primary task of driving. Even a quick glance can result in missing a hazard or causing a crash.

Using a cell phone, adjusting the radio, or even looking at passengers can all contribute to visual distractions. Drivers should minimize these distractions by planning their routes ahead of time and keeping their eyes on the road. Staying alert reduces the risk of accidents and ensures the safety of everyone in the vehicle.

Steps to Take After a Distracted Driving Accident

Steps to Take After a Distracted Driving Accident

If you’ve been in an accident caused by a distracted driver, your safety should come first. Move to a safe area, check for injuries, and call 911 immediately. Document the accident scene and gather details from the other driver. Seeking medical attention and consulting with an experienced lawyer are also essential steps.

Here are some key actions to take after the crash:

Ensure Safety

After a distracted driving accident, your first priority is safety. Check yourself and others in the vehicle for injuries. If the accident happened on a busy road, move to a safe spot if possible, such as the shoulder or a nearby parking lot. Avoid staying in the middle of traffic, as it increases the risk of further harm.

Turn on your hazard lights to warn other drivers. If your vehicle is still operational, move it out of the roadway. Do not attempt to move injured passengers, as it may worsen their condition. Stay calm and focused. Safety at the accident scene helps prevent additional accidents and allows emergency responders to assist you quickly.

Call 911

Calling 911 is essential after any auto accident, even if injuries seem minor. The dispatcher will send police and emergency medical services to the scene. A police report is vital for filing an insurance claim or a personal injury lawsuit later.

Provide the dispatcher with accurate information, including your location and whether anyone is hurt. Stay on the line until they say it is okay to hang up. Emergency responders will also assess injuries and provide medical assistance if needed. Having official records from the authorities strengthens your case and helps prove fault in the accident.

Gather Information

Gathering information at the accident scene is essential. Start by exchanging details with the other driver, including their name, phone number, and insurance company. Take pictures of the vehicles, road conditions, and any visible injuries. Document any skid marks, traffic signs, or signals in the area.

Look for witnesses and ask for their contact information. Their statements can support your personal injury case if needed. Record everything clearly, as these details can help your lawyer establish fault. Accurate evidence makes a huge difference when filing an insurance claim or pursuing compensation.

Seek Medical Attention

Even if you feel fine, seek medical attention immediately. Some injuries, like whiplash or internal damage, may not show symptoms right away. A doctor can identify hidden injuries and provide the required treatment. Keep all medical treatment records, including bills and prescriptions, as they are vital for your personal injury claim.

Follow up with specialists if recommended. Consistent medical care shows the extent of your injuries and strengthens your case for fair compensation. Seeking medical help promptly also ensures you recover fully after the accident.

Consult a Lawyer

Consulting a trained lawyer is critical after a distracted driving accident. A lawyer can review your case, help you know your rights, and handle communications with the insurance company. They will work to secure fair compensation for your medical expenses, lost wages, and other damages.

Legal representation ensures that your case is handled professionally. A lawyer can negotiate with insurance adjusters and, if necessary, file a personal injury lawsuit on your behalf. This allows you to focus on recovery while they manage the legal process.

Illinois Laws on Distracted Driving

Illinois laws on distracted driving

Illinois enforces strict laws to prevent car accidents caused by distracted driving. Using a cell phone while driving is illegal unless you use a hands-free device. Texting is banned for all drivers, regardless of age or experience. These laws apply to any distraction, including cognitive distractions like daydreaming or manual distractions such as eating or adjusting the radio.

Drivers violating these laws may face fines, license suspensions, and increased insurance rates. If a distracted driver causes an accident, they could be liable for damages. Cell phone records may be used as evidence to prove fault. These laws aim to protect all road users and reduce the number of accident victims on Illinois roads. Staying focused on driving is the best way to avoid accidents and ensure normal traffic flow.

Consequences of Distracted Driving Accidents

Distracted driving leads to serious car accidents that can cause life-changing consequences for everyone involved. Accident victims often suffer injuries ranging from cuts and bruises to severe trauma like traumatic brain injury or spinal damage. In some cases, these accidents result in fatalities, creating devastating impacts on families and communities.

For the at-fault driver, the consequences include legal liability, fines, and higher insurance premiums. They may also face lawsuits from victims seeking compensation for medical expenses, lost wages, and emotional suffering. Evidence can prove negligence, strengthening the case against the distracted driver.

The effects extend beyond physical injuries. Victims may deal with mental health challenges, such as anxiety and PTSD, especially after a traumatic accident. Working with car accident attorneys or an experienced distracted driving lawyer is essential to hold negligent drivers accountable.

Legal Rights of Accident Victims

Legal rights of accident victims

Victims of car accidents caused by distracted drivers have the legal right to pursue compensation. These rights allow them to recover damages for medical expenses, lost wages, and pain and suffering. If the accident results in a traumatic brain injury or other long-term harm, victims can also seek compensation for future care and diminished earning capacity.

Victims need evidence to prove the at-fault driver was negligent in exercising these rights. This includes witness statements and photos of the accident scene. Such evidence can show that distractions, like texting or using a cell phone, led to the crash.

Accident victims should consult car accident lawyers or accident lawyers in Chicago for guidance. A trained lawyer can handle the legal process, negotiate with insurance companies, and ensure victims receive fair compensation. Knowing your rights is the first step toward justice and recovery.

Role of a Chicago Distracted Driving Accident Lawyer

A distracted driving lawyer plays a vital role in protecting the rights of accident victims. They help gather evidence, such as cell phone records and witness testimonies, to prove the at-fault driver’s negligence. This is vital in building a strong case for fair compensation.

Lawyers also handle communications with insurance companies, ensuring victims aren’t pressured into low settlements. They calculate damages, including medical expenses, lost wages, and pain and suffering, to seek full compensation. They can take the case to court, advocating for victims before a judge if needed.

For accident victims, managing legal claims while recovering from injuries like traumatic brain injury can be overwhelming. Having experienced car accident attorneys or accident lawyers in Chicago ensures victims can focus on healing while professionals fight for their rights.

Looking for a Personal Injury Lawyer? Contact Conboy Law Injury & Medical Malpractice Lawyers Today!

call (312) 726-9000

FAQs

Can I file a lawsuit if a distracted driver caused my accident?

Yes, you can file a lawsuit if a distracted driver caused your accident. Evidence like cell phone records can help prove negligence. A distracted driving lawyer can guide you through the legal process and help you seek compensation for damages, including medical expenses and lost wages.

How can I prove the other driver was distracted?

Proving distraction involves collecting evidence like cell phone records, witness statements, and traffic camera footage. A lawyer can also use police reports and accident reconstruction to demonstrate the at-fault driver’s negligence. Consulting with car accident lawyers strengthens your case.

What damages can I recover from a distracted driving accident?

You can recover damages for medical expenses, lost wages, pain and suffering, and property damage. If the accident caused a traumatic brain injury or other serious harm, you might also receive compensation for long-term care and emotional distress.

How long do I have to file a claim in Illinois?

In Illinois, the statute of limitations for filing a personal injury claim is typically two years from the accident date. It’s best to consult an accident lawyer in Chicago as soon as possible to ensure you meet all deadlines.

Do I need a lawyer for a distracted driving accident?

While not required, hiring a distracted driving lawyer is highly recommended. A lawyer can gather evidence, handle insurance companies, and fight for fair compensation. They help ensure your legal rights are protected throughout the process.

Contact Our Chicago Car Accident Lawyer for a Free Case Consultation

Contact our Chicago car accident lawyer for a free case consultation

If you were involved in a distracted driving accident, you don’t have to face the legal process alone. Our professional car accident lawyers are here to help. Conboy Law Injury & Medical Malpractice Lawyers understand accident victims’ challenges, from recovering damages to dealing with insurance companies.

Whether the accident caused minor injuries or severe harm like a traumatic brain injury, we fight for the compensation you deserve. Our team of Chicago Distracted Driving Accident Lawyers has the skills and knowledge to handle complex claims and negotiate with insurance companies on your behalf.

Don’t wait to seek help. Contact us today for a free consultation. We’ll review your case, explain your options, and help you take the next steps toward justice. Let us protect your rights while you focus on recovery.

Joseph Conboy
Founding Attorney

Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.

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