Chicago Texting & Driving Accidents Attorney

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 25, 2025

Joseph Conboy | April 25, 2025
Chicago Texting & Driving Accidents Attorney

At Conboy Law, our Chicago texting & driving accidents attorney team fights for victims hurt by distracted drivers. We know how cell phone use while driving leads to crashes that change lives forever. You need a legal team ready to hold the fault driver responsible while you heal from your injuries.

Our Chicago Texting & Driving Accidents Attorney Fights for Your Rights

For many years, our law firm has helped victims of distracted driving accidents across Chicago. Our driving accident attorneys have won millions of dollars for people hurt by drivers who chose to text over road safety.

Insurance companies often try to pay you less after a texting crash. We collect strong proof, like cell phone records, to build your case and fight for fair payment for your injuries, medical bills, and emotional distress.

Contact Conboy Law Injury & Medical Malpractice Lawyers For Your Texting & Driving Accidents Case

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Understanding Distracted Driving in Chicago

Understanding Distracted Driving in Chicago

When drivers take their eyes off the road, they put everyone in danger. Our legal team works hard to teach the public while helping those hurt by these crashes that shouldn’t happen. We look at all types of distractions that may have caused your crash to make sure the driver at fault is held fully responsible.

Definition and Types of Distracted Driving

Distracted driving comes in three main types:

  • Manual distractions – taking hands off the wheel
  • Visual distractions – taking eyes off the road
  • Cognitive distraction – taking the mind off driving

Texting is extra risky because it involves all three types at once.

Common distractions include cell phones, eating, radio adjustments, GPS use, and personal grooming. Each year, these actions cause many traffic accidents in Cook County, leading to bad injuries and fatal crashes.

In Chicago, texting drivers cause hundreds of motor vehicle accidents every year. When a driver reads a text, they travel the length of an entire football field at highway speeds without looking at the road. This makes texting one of the most dangerous forms of driver distraction.

Studies show texting makes crashes 23 times more likely than careful driving. Despite knowing these dangers, many drivers still choose to text while driving. This behavior often results in rear-end collisions. Such crashes can cause serious injuries like spinal cord injuries or traumatic brain injuries. In some cases, they even lead to wrongful death claims.

Illinois Laws on Texting and Driving

Laws about distracted driving keep changing as lawmakers see the dangers of handheld devices. Our distracted driving accident lawyer keeps up with these changes to build the best case for your claim after a texting crash.

Overview of Illinois Distracted Driving Laws

Illinois banned all handheld electronic devices while driving in 2014. This law stops drivers from using handheld cell phones, texting, or other electronic communication devices while driving. The only times you can use them are with hands-free or Bluetooth devices, during emergencies, or when your car is parked.

The ban comes from studies showing even hands-free devices can distract drivers. For truck drivers, the rules are tougher, with federal laws banning any handheld cell phone use while crossing state lines.

Penalties for Texting While Driving in Chicago

First-time texting drivers pay fines starting at $75 and going up to $150 for repeat offenses. If texting causes a crash with serious injuries, the fault driver might face criminal charges and jail time up to one year.

These violations also help prove negligence in injury claims. When our auto accident attorneys show the other driver was texting, it makes your case stronger. This evidence proves they broke their duty of care to drive safely.

How a Chicago Texting & Driving Accident Attorney Can Help

How a Chicago Texting & Driving Accident Attorney Can Help

After being hurt by a distracted driver, having good legal help makes a big difference in your healing and money situation. Our team brings many skills to your case, from finding evidence to standing up to tough insurance carriers who want to pay you less.

Proving Negligence in Distracted Driving Cases

To win your personal injury claim, we need to show four things: duty, breach, cause, and harm. All drivers must drive safely. When they text while driving, they break this duty.

Our accident attorneys collect strong evidence like:

  • Phone records showing texts at the time of the crash
  • Witness statements from people who saw the texting driver
  • The police accident report notes distraction
  • Experts capable of elucidating the circumstances surrounding the accident

Dealing with Insurance Companies After an Accident

After a crash, the at-fault driver’s insurance company will call you quickly. They want to settle your claim for as little money as possible. The insurance adjuster might seem nice but works to save their company money.

Our team handles communication with the insurance company on your behalf to ensure you don’t inadvertently say anything that could undermine your case. Our attorneys strive to negotiate equitable settlements that encompass all your damages, such as medical expenses and income losses.

Maximizing Your Compensation

We carefully document all your damages to get you maximum compensation. This includes current and future medical care, therapy costs, lost income, and reduced ability to work.

We understand how bad injuries affect your whole life. We advocate for compensation that addresses not only your financial setbacks but also your pain, emotional anguish, and diminished quality of life. When insurance isn’t enough, we look for every possible source of additional damages.

What to Do After a Texting and Driving Accident

What you do right after an accident affects your chances of getting paid for your injuries. Our legal team helps victims through this tough time with clear advice to protect their rights while they heal from crash injuries.

Immediate Steps to Protect Your Rights

First, call 911 to report the accident and get medical help if needed. Even in small crashes, some serious injuries don’t hurt right away. Stay at the crash site and trade information with the other driver.

Take pictures of car damage, the accident scene, and any visible injuries. If you think the other driver was texting, write this down and tell the police. Never say the crash was your fault or downplay your injuries, as these comments can hurt your claim later.

Gathering Evidence for Your Case

Get names and phone numbers of witnesses who might have seen the driver texting before the crash. Their stories can help your case greatly. Ask for a copy of the police accident report, which has useful details about road conditions and who the officer thinks caused the crash.

Check if nearby homes or stores have security cameras that caught the accident. Your lawyer can ask for this video before it gets deleted. Also, save your own phone records to prove you weren’t the one distracted by your phone.

The Importance of Medical Documentation

See a doctor quickly, even if you feel okay. Many bad injuries, like brain injury, don’t show signs right away. Follow all your doctor’s advice and keep all appointments.

Keep good records of medical bills, medicine costs, physical therapy visits, and how your injuries affect your daily life. These records form the base of your injury claim and help prove all your damages to the insurance company or jury.

Compensation for Victims of Texting & Driving Accidents

Compensation for Victims of Texting & Driving Accidents

If you’re hurt in a distracted driving crash, you deserve good payment for both your money losses and your suffering. Our personal injury lawyers work hard to count and prove all your losses so nothing is missed in your settlement.

Economic Damages: Medical Bills and Lost Wages

Economic damages cover all real money losses with clear dollar amounts. These include:

  • Emergency medical care
  • Hospital stays
  • Surgery costs
  • Medicine
  • Physical therapy
  • Future medical treatment for your injuries

We also ask for money to replace lost wages during your healing time. If you can’t go back to your old job, we add lost future earnings to your claim. Other money damages include property damage to your car and out-of-pocket expenses like rides to doctor visits.

Non-Economic Damages: Pain and Suffering

Beyond money losses, crash victims face real pain and suffering that deserves payment, too. These non-economic damages include physical pain, emotional distress, worry, sadness, sleep problems, and loss of enjoyment of life.

For people with lasting physical disabilities or scars, we seek extra money for these life-changing effects. While no amount of money truly makes up for such losses, fair financial help can provide tools for adjusting to new life situations.

How Damages Are Calculated in Chicago

Insurance companies often use a formula, taking your money losses and multiplying by a number based on how bad your injuries are. Our lawyers fight for the highest fair multiplier during settlement talks.

If your case goes to court, a jury may give compensatory damages covering both money losses and pain. In cases of very bad driving, like texting in construction zones, punitive damages might be added to punish the bad driver and stop others from doing the same.

Injured? Our Chicago accident lawyer is here to help you.

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FAQs

Here are answers to common questions about distracted driving accident claims in Chicago:

In Illinois, you have two years from the crash date to file a personal injury claim. For claims against city or state agencies, you may have just one year. Don’t wait to talk to a lawyer, as key evidence can be lost quickly.

We can look at other options, like your own uninsured motorist coverage. If you were a passenger, walking, or on a bike, we might find other responsible parties who helped create the dangerous situation.

Yes. Illinois law allows you to recover money if you’re less than 51% responsible for the crash. Your payment would be cut by your share of the fault, which is why having good legal help matters.

We can get cell phone records through the legal process that show if the driver was using their phone at the time of the crash. We also use witness statements, traffic camera footage, and the police accident report to build strong evidence of distracted driving.

Texting and driving crashes often cause severe injuries, including whiplash, broken bones, traumatic brain injuries, spinal cord injuries, and internal organ damage. Even at lower speeds, these accidents can lead to serious harm because the distracted driver may not brake at all before impact.

Each case value depends on your specific injuries, medical expenses, lost wages, and pain and suffering. Some cases settle for thousands, while others with life-changing injuries may be worth hundreds of thousands or more. Our law firm evaluates all factors to fight for maximum compensation for your unique situation.

Contact a Chicago Texting & Driving Accident Attorney for a Free Consultation

Contact a Chicago Texting & Driving Accident Attorney for a Free Consultation

If a distracted driver has hurt you, Conboy Law is here to help. Our law offices offer free consultations to talk about your case and explain your options. We work on a contingency fee basis, so you pay nothing unless we win money for you.

Contact our car accident attorneys today or fill out our simple contact form to set up your free case review. Let us fight for the justice and fair payment you deserve while you focus on getting better.

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.

Thanks to this amazing law firm, I was able to successfully bring justice and get the help I needed. They really care a lot about their clients, they’re 100 percent fully involved in your case and will do the most to make sure you get the help you need. Thanks for everything!
Tiffany H.
I can't say enough about Joseph Conboy. He was a true asset during our personal injury claim and had such an amazing legal approach, which made me feel like his top priority from day one! I'm so grateful we were able to work together for this win/win outcome.
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