Texting while driving is against the law, yet drivers continue to engage in this dangerous and irresponsible behavior. If you were hurt in a texting-while-driving car accident in Elk Grove Village, contact a personal injury attorney immediately. Operating a vehicle while distracted is evidence of negligence, and a negligent driver could be liable for the losses you experience as a result of the crash. An accident attorney at The Kryder Law Group, LLC could manage your claim and ensure you receive appropriate damages for the harm you experienced.
Proving a Driver Was Texting
To seek damages after a car accident, an injured person must prove another driver was negligent. Violating a law meant to ensure everyone’s safety is negligence per se, meaning proving a driver was violating a law is enough to concretely establish negligence. Using any handheld communication device while driving is illegal in the state of Illinois, making texting drivers negligent in the event of a collision.
In many cases, people will admit to texting while driving if the police ask them directly. Even without an admission, if the police cite them for texting while driving, an Elk Grove Village attorney could use the ticket as evidence of negligence in a car crash claim. If the police do not cite the driver, an injured person could still present evidence that another driver was texting behind the wheel. Witnesses can testify that the driver was texting. In some cases, it could be possible to subpoena the driver’s cell phone records to prove they were texting immediately before the accident. A legal professional has the experience and resources to gather evidence demonstrating a driver was texting behind the wheel.
Managing a Car Accident Claim
Under state law, the fault-based system allows injured parties to hold a negligent driver responsible for their stemming from an accident. The law requires all vehicle owners to carry liability insurance. The at-fault driver’s insurance pays for the injured parties’ losses up to the driver’s coverage limits. If the at-fault driver is uninsured, an injured party must turn to their own uninsured/underinsured driver coverage.
Whether someone submits a claim to an at-fault driver’s insurance or taps into their own uninsured motorist coverage, the insurer will likely offer the bare minimum to resolve the claim. Insurers typically try to assign partial fault for the accident to a claimant because 735 Illinois Compiled Statutes § 5/2-1116 allows them to reduce their liability if the claimant bears some of the blame. An Elk Grove Village attorney could present evidence demonstrating that a texting driver’s negligence was the primary cause of the accident. If the insurer is not willing to offer a reasonable settlement, or if the driver’s coverage limits do not provide adequate compensation, a dependable lawyer could file a lawsuit on an injured person’s behalf.
Collecting Damages After a Car Accident Involving Cell Phones
When someone gets injured in an accident, they are entitled to receive sufficient damages to compensate for all the losses they experience as a result. Injured parties could seek compensation for:
- Property damage
- Current and future medical expenses
- Lost wages and diminished future income
- Pain and suffering
- Lost quality of life
Unfortunately, if someone experiences catastrophic injuries, the at-fault driver may not have enough insurance to cover these losses. A legal professional could advise whether it would be worthwhile to bring a lawsuit against the driver in such circumstances. An Elk Grove Village attorney could exhaust all options for achieving fair compensation after a texting-while-driving vehicle crash.
Contact an Elk Grove Village Attorney After a Texting-While-Driving Car Crash
Texting-while-driving car accidents in Elk Grove Village cause severe harm to innocent people. If a texting driver injures you or a loved one, they should pay for the consequences of their actions.
Engaging a legal professional to advocate for your rights helps ensure you receive the compensation you deserve. Call The Kryder Law Group, LLC today to speak with a seasoned lawyer.
(312) 223-1700