Chicago Distracted Driving Accident Lawyer

Representing Victims of Distracted Driving Accidents in Chicago

A skilled Chicago distracted driving accident attorney can help you pursue compensation if you’ve been injured in a distracted driving accident caused by a negligent driver. Distracted driving crashes are on the rise, with many accidents resulting from cell phone use, manual distractions, and failure to obey traffic signals.

Victims often suffer serious injuries, including traumatic brain injuries and spinal cord injuries, leading to costly medical bills and lost wages. If a distracted driver caused your accident, Rosenfeld Injury Law can help you file a claim and fight for fair compensation.

Verdicts and Settlements from Our Distracted Driving Cases in Chicago

Our Chicago car accident lawyers have a proven track record of securing substantial settlements for victims of distracted driving accidents and other serious crashes. Here are some of our recent case results:

• $599,900 – A 55-year-old teacher suffered fractures to her sternum and ankle after being hit head-on by a distracted driver texting on his cell phone.
• $449,000 – A woman sustained facial injuries after her head struck the windshield in a serious accident.
• $350,000 – A woman suffered a fractured leg when a Chicago taxi cab made an improper left-hand turn.
• $250,000 – A woman injured in a hit-and-run crash in Chicago received a settlement from an uninsured motorist policy.

Important Chicago Laws About Distracted Driving

Illinois law and Chicago municipal ordinances impose strict penalties on distracted drivers to reduce distracted driving accidents and improve road safety.

Under 625 ILCS 5/11-503, excessive distraction, such as texting while driving, could be considered reckless driving if it endangers others.

625 ILCS 5/12-610.2 prohibits drivers from using cell phones or other electronic devices unless they are in hands-free mode.

Chicago Municipal Code § 9-76-230 also prohibits drivers from using handheld cell phones or texting while operating a vehicle, with exceptions for hands-free devices and emergencies.

Types of Distractions That Cause Accidents in Chicago

Distracted driving accidents are a growing problem on Chicago’s busy roads, including Lake Shore Drive, the Dan Ryan Expressway, and downtown intersections like Michigan Avenue and Wacker Drive. By failing to focus on the road, distracted drivers put others at risk.

Here are the most common types of distractions that lead to distracted driving crashes in Chicago:

• Manual Distractions – Taking hands off the wheel to text, eat, adjust the GPS, or reach for an object.
• Visual Distractions – Looking at a cell phone, checking a GPS, reading billboards, or turning to talk to passengers.
• Cognitive Distractions – Losing focus due to daydreaming, fatigue (which caused 455 accidents in Chicago in 2023), or being mentally occupied with a phone call.

Common Car Accident Injuries Caused in a Distracted Driving Accident

Distracted driving accidents in Chicago often result in severe injuries, especially on high-traffic roads like Lakeshore Drive, the Kennedy Expressway, and Cicero Avenue. Victims of distracted driving crashes may suffer:

• Traumatic Brain Injuries (TBIs) – Head trauma from hitting the steering wheel, dashboard, or windshield.
• Spinal Cord Injuries – Severe impact can cause partial or full paralysis.
• Broken Bones – Common in car crashes due to high-impact collisions.
• Whiplash and Neck Injuries – Often occur in rear-end accidents caused by distracted drivers.
• Internal Injuries – Damage to organs from blunt force trauma.
• Lacerations and Bruises – Caused by shattered glass, deployed airbags, or striking objects in the car.

How a Lawyer Proves Liability in a Distracted Driving Accident Case in Chicago

To hold a distracted driver accountable in an accident case, a Chicago lawyer must establish negligence using these four elements:

• Duty of Care – All drivers have a legal responsibility to operate their vehicles safely and follow Illinois law.
• Breach of Duty – The distracted driver violated this duty by texting, using a cell phone, or engaging in other driver distractions.
• Causation – The distracted driver’s negligence directly caused the auto accident and resulting injuries.
• Damages – The victim suffered medical expenses, lost income, and other losses due to the at-fault driver.

If you were injured in a distracted driving accident, our law firm can help you file a claim and seek maximum compensation.

What is My Distracted Driving Accident Claim Worth?

The value of a distracted driving accident claim depends on several factors, including the severity of injuries, medical bills, lost wages, and pain and suffering. More serious injuries, such as traumatic brain injuries or spinal cord damage, typically result in higher compensation.

Our legal team will evaluate police reports, medical records, and insurance coverage to determine a fair settlement.

Can I Sue The At-Fault Driver if a Loved One Passed Away After a Distracted Driving Accident?

Yes, if a distracted driver caused a fatal crash, eligible family members can file a wrongful death lawsuit. Under the Illinois Wrongful Death Act (740 ILCS 180/1), the deceased’s spouse, children, or estate representative may seek compensation for funeral costs, lost financial support, and emotional suffering.

Proving negligence through cell phone records, witness statements, and accident reports can strengthen the case against the at-fault driver.

Potential Compensation in a Chicago Distracted Driving Car Crash Case

Victims of distracted driving accidents may be entitled to compensation for various damages.

Recoverable losses include medical expenses for past and future treatments, lost wages due to missed work, and pain and suffering caused by the crash. Compensation may also cover property damage for vehicle repairs, disability and disfigurement, and loss of enjoyment of life.

In extreme cases, punitive damages may be awarded if the distracted driver acted with reckless disregard for safety. If you’ve been injured, an experienced attorney can help you pursue the compensation you deserve.

What to Do After a Distracted Driving Accident

Taking the right steps after a distracted driving accident can protect your health and legal rights.

• Check for injuries and move to a safe location if possible.
• Call 911 to report the accident and request emergency assistance.
• Exchange information with the other driver and gather witness contact details.
• Take photos and videos of the accident scene, vehicle damage, and any visible injuries.
• Seek medical attention, even if you feel fine, as some injuries may not be immediately apparent.
• Avoid admitting fault or making statements that could be used against you.
• Consult a Chicago distracted driving lawyer to discuss your legal options.

How Our Chicago Law Firm Investigates Your Distracted Driving Claim

Building a strong case after a distracted driving accident requires thorough investigation and evidence collection. Our legal team follows a detailed process to prove liability and maximize your compensation.

• Obtaining the Police Report – We review police reports to identify citations, witness statements, and officer observations.
• Gathering Evidence from the Other Driver – We obtain cell phone records, surveillance footage, and other documents proving a distraction.
• Interviewing Witnesses – Testimonies from bystanders, passengers, or other drivers help establish that the distracted driver was at fault.
• Working with Accident Reconstruction Experts – Specialists analyze the accident scene, traffic signals, and vehicle damage to recreate how the crash occurred.

What is The Time Limit to File a Car Accident Claim in Chicago?

In Illinois, the statute of limitations for filing a claim depends on the type of case.

For personal injury claims, victims have two years from the date of the accident to file a lawsuit under 735 ILCS 5/13-202. If the claim involves property damage, such as vehicle repairs or replacement, the deadline extends to five years under 735 ILCS 5/13-205.

In cases where a car crash results in a fatality, surviving family members have two years from the date of death to file a wrongful death lawsuit.

If you miss these deadlines, you may lose your right to pursue compensation. If you were injured in a motor vehicle accident, speaking with a lawyer as soon as possible will ensure that your legal rights are protected.

Why You Need a Chicago Distracted Driving Accident Lawyer

Proving fault in a distracted driving accident can be challenging, as distracted drivers often deny liability, and insurance companies may dispute claims. A skilled attorney can gather crucial evidence, such as cell phone records, witness statements, and traffic camera footage, to prove the distracted driver’s negligence.

Additionally, distracted driving laws in Illinois are complex, and having legal representation ensures compliance with filing deadlines and procedural requirements. A lawyer can also handle negotiations with the insurance company to secure fair compensation for your personal injury case.

If necessary, they can take your personal injury lawsuit to civil court to fight for the maximum recovery. Seeking legal help as soon as possible can make a significant difference in the outcome of your claim.

Contact a Chicago Distracted Driving Attorney Near You!

If you or a loved one has been injured in a distracted driving accident, the legal team at Rosenfeld Injury Law is ready to fight for you.

With years of experience handling distracted driving cases in Chicago and Cook County, we understand the complexities of proving negligence and negotiating with insurance companies. We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Call us today at (888) 424-5757 or fill out our online form to schedule a free consultation.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Champaign, Elgin, Schaumburg , Springfield and throughout Illinois.

References: [1] Illinois Secretary of State

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.