Failing to pay attention to the road can have catastrophic consequences. To reduce potential driver distractions, the state has taken actions such as prohibiting the use of cell phones.
If you or a family member were injured in a distracted driving car accident in Orland Park, you have a legal right to pursue compensation for your out-of-pocket expenses and emotional suffering. Please contact our law firm today to discuss your legal claim with a compassionate auto crash attorney.
Laws in Place to Reduce Distracted Driving
One of the leading causes of distracted driving accidents in Orland Park is the use of cell phones or handheld electronic devices. To limit potential crashes, the state imposes strict rules on the use of these devices while driving.
According to 625 Ill. Comp. Stat. Ann. § 5/12-610.2, drivers in the state are generally prohibited from using electronic communication devices while operating a vehicle. The rule provides an exception for drivers using a device with hands-free or voice-operated technology.
If a driver is guilty of using an electronic communication device while operating a vehicle, the offense is considered a traffic violation, and a $75 fine is imposed on a first offense. However, if the accident results in bodily harm or death, the offense is upgraded to a class A misdemeanor, aggravated use of an electronic device.
Additional Contributors to Distracted Driving
In addition to using electronic devices, a variety of actions behind the wheel can fall under the category of distracted driving. Some other examples of actions that can distract a motorist from the road include the following:
- Adjusting the car stereo or climate controls
- Reaching for an object inside the car
- Applying beauty products or cosmetics
- Eating or drinking
- Staring at a roadside distraction
- Fatigued driving
A dedicated personal injury attorney in Orland Park could help prove that another driver was engaging in distracted driving before causing a car crash you were involved in. Call MJB Law offices today for more information.
Proving Negligence, Collecting Damages, and Shared Fault
If a motorist caused an accident in Orland Park due to distracted driving, an injured party can file a personal injury lawsuit for negligence. To prove that a driver was negligent, the plaintiff must first show that the responsible party breached a duty of reasonable care.
Evidence that a motorist engaged in distracted driving can help prove a breach of care, such as proof they were using their cell phone at the scene of an accident. The evidence required to prove a breach of care will vary based on the situation. Some helpful proof can include the following:
- Police reports
- Witness statement
- Dash-cam footage
- Surveillance video
- Accident debris
- Cell phone records
If the driver’s breach of care directly caused the plaintiff’s injuries, they can recover various types of damages, such as:
- Medical expenses
- Property damage
- Lost wages
- Lost future economic opportunity
- Pain and suffering
- Disfigurement
- Emotional distress
- Mental anguish
Some auto collisions are caused by more than one person’s negligence. An injured plaintiff can still recover damages if they contributed negligence, provided their fault does not outweigh the defendant’s.
According to 735 Ill. Comp. Stat. Ann. § 5/2-1116, the state follows the doctrine of modified comparative negligence. This rule provides that a negligent plaintiff can still recover damages as long as their responsibility remains at 50 percent or below.
If the plaintiff’s responsibility exceeds 50 percent, they are entirely prohibited from recovering damages. When you remain under this threshold, the court will reduce your damages in proportion to your percentage of fault.
Call an Orland Park Attorney to Discuss Distracted Driving Car Accidents
Injuries from a crash caused by distracted driving can have long-term consequences on your physical and mental health. You have the right to take legal action to compensate for your losses.
Reach out to a lawyer immediately if you have suffered harm in a distracted driving car accident in Orland Park. Our knowledgeable attorneys have extensive experience handling negligence cases from vehicular accidents and could help with yours.
