Texting and Driving Accidents in the Marion Area
A driver zooming down North Court Street with one hand on the wheel and one hand scrolling through his Facebook wall is not only greatly increasing his risk for a car accident, he’s violating Illinois law too as we know. Illinois is one of the states that bans the use of hand-held devices while driving. This is a good thing, and helps stop some distracted driving crashes, but unfortunately many drivers in the Marion, Harrisburg and Metropolis area still try to sneak in cel phone calls and texts while they are driving. Bad idea!
Why? The probability that a motor vehicle crash involved a cellphone is
1 in 4 nationally. As a matter of fact, using a cellphone while driving ( otherwise known as distracted driving ) increases the risk of a crash by 4x, according to the Huffington Post.
If you or a loved one has been involved in a car accident, motorcycle wreck, truck crash or other vehicle accident involving bodily injury caused by distracted driving, call Lawler and Lawler for a no-obligation case review at 618-529-9377 or click here.
It’s ok to use a hands-free device like Bluetooth however. Despite the law, research is unclear as to whether these hands-free set ups make our roads any safer. Researchers at the Insurance Institute for Highway Safety, which is funded by the insurance industry, It has been found that there is not much difference between drivers driving with cellphones in their hands versus those using hands-free devices.
You may not have thought of it this, but a car is just a combustable engine with wheels and you are in the driver seat! So when you are maneuvering through the streets of Metropolis or Harrisburg, keep both hands on the wheel, and focus on the task at hand – getting from point A to point B!
If you or a family member have been injured in a motorcycle wreck, truck accident, car crash or truck accident caused by texting and driving, call Lawler and Lawler for a no-obligation
case review at 618-529-9377 or click here.
Introduction to Texting While Driving Accidents
According to National Highway Traffic Safety Administration (NHTSA) data, over 3,300 people were killed and another 290,000 injured in traffic crashes involving distracted drivers in 2022 alone.
Texting can greatly reduce a driver’s reaction time and focus. As a result, Illinois and many other states have made texting while driving illegal, and the penalties can be serious.
Fortunately, a texting while driving accident lawyer from Lawler Lawler Injury Law can help you navigate the aftermath of a distracted driving crash.
Legal Rights of Texting While Driving Accident Victims
As a victim, you have the right to pursue compensation for the losses you’ve suffered. Texting generally constitutes distracted driving, which falls under negligence.
Our attorneys will work to prove the following elements while handling your case:
- The driver had a legal responsibility to operate their vehicle safely
- They breached that duty by texting while driving
- The driver’s texting directly caused the accident
- You suffered harm as a result of the incident
We will work diligently to gather evidence and build strong arguments on your behalf. Depending on the details of your case, the texting driver or the driver’s employer could be liable.
Compensation You May Be Entitled To
Every case is unique. However, there are some common types of compensation that victims are typically eligible for.
Medical Expenses
You can request compensation for your current and future medical expenses. This includes the ambulance ride, emergency care, and any follow-up treatment related to the crash.
Lost Wages and Loss of Earning Capacity
If you missed work or lost wages due to your injuries, you can seek compensation. You may also be able to obtain compensation for losses related to your reduced earning capacity.
Pain and Suffering
You can request compensation for the mental anguish and physical pain you suffered. Our team can help convey your trauma during the negotiations in hopes of obtaining justice.
Property Damage
We can seek compensation for any property damage. This includes your vehicle and any valuable contents, like electronics.
Punitive Damages for Reckless Behavior
An experienced lawyer for texting while driving accidents can also pursue punitive damages. If the other party behaved recklessly, these damages are meant to serve as punishment for such egregious acts.
Steps to Take After a Texting While Driving Accident
The aftermath of a crash can be overwhelming, but you need to act fast. Here’s what you need to do after a texting while driving incident:
Immediate Actions to Protect Your Rights
Call 911 to report the incident. Request medical attention if you are hurt. Exchange information with the other driver and take photos of the accident scene.
Collecting Evidence of Texting
Your lawyer can subpoena the driver’s phone records and use traffic camera footage to demonstrate the other driver was texting at the time of the crash. Witness statements and accident reconstruction experts may also be necessary.
How a Texting While Driving Accident Lawyer Can Help
Don’t navigate the aftermath of a crash alone. A texting while driving attorney can help you with:
- Investigating the Accident: Your attorney can gather relevant details, from phone records to expert testimony, to build a strong case
- Negotiating With Insurance Companies: Your attorney can counter low settlement offers and handle negotiations with skill, which is vital
- Taking Your Case to Trial if Necessary: Through thorough preparation, your attorney can advocate for your best interests in court
Lawler Lawler Injury Law is passionate about fighting for you. We can do what it takes to seek justice and take your case to trial if the other party refuses to do what’s right.
Common Defenses in Texting While Driving Cases
The other party will likely contest your claim. Here are two common defenses:
Comparative Negligence
The defense may argue that you were partially responsible for the accident. Your compensation can be reduced if you share the fault.
Proving the Driver Was Not Texting
The at-fault driver may claim that they were not texting at the time of the accident. We can work to counter this claim using phone records and other evidence.
Turn to the Skilled Team at Lawler Lawler Injury Law Today
Don’t delay in seeking the legal help you need. Connect with a texting while driving accident lawyer from Lawler Lawler Injury Law to schedule a consultation today.
Why Choose Lawler & Lawler Law Firm?
A texting and driving car accident lawyer from Lawler Lawler Injury Law can fight for your rights following a vehicle crash involving a distracted driver. Clients consistently turn to our team because of our:
Proven Success in Distracted Driving Cases
The distracted driving accident lawyers on our team have won several major verdicts on behalf of our clients. For example, our team secured the first million-dollar verdict in the history of Southern Illinois.
Experienced Attorneys Focused on Personal Injury Law
We have practiced in Illinois for over 35 years. Our team includes highly experienced attorneys who understand the unique challenges associated with distracted driving cases.
Commitment to Client Service
Your texting while driving accident lawyer from Lawler Lawler Injury Law will go above and beyond to deliver a frictionless service experience. We will be in your corner every step of the way in your fight for justice.
Texting While Driving Frequently Asked Questions
Gather as much evidence as possible. Witness statements and photos of the scene can help support your case. Contact a lawyer to help you obtain the driver’s phone records. These records may be pivotal to obtaining a favorable outcome.
Our attorneys can subpoena the driver’s phone records. We can also seek out witness testimony or traffic camera footage to support the claim. Our team will use this evidence to build a compelling strategy. The more evidence we gather, the stronger the case for compensation.
You typically have two years to file a texting while driving accident claim in Illinois. However, it’s important to file your claim as soon as possible. Waiting can result in valuable evidence being lost.
Every case is unique. The value of your claim will vary depending on the severity of your injuries and the lasting impacts on your life. The strength of the evidence will also impact the value of your case. Our team will help you understand compensation opportunities and negotiate on your behalf.