A driver who looks at a phone instead of the road can cause a serious crash in seconds. If you suffered broken bones, a concussion, or another significant injury, medical treatment can interrupt your work and daily life. Distracted driving car accidents in Elgin can also raise questions about how you prove what the other driver was doing before the impact.
A skilled auto accident attorney can investigate the crash, deal with insurance issues, and determine what evidence supports your injury claim. At O’Connor Cadiz Accident and Injury Law, we take a personal approach to car accident cases. We are selective about the cases we accept because we want to know our clients and give each case the attention it deserves.
What Evidence Can Prove a Distracted Driver Caused My Car Crash?
A driver’s phone may be relevant, but its presence alone does not prove distraction. Phone records may show whether the device was being used around the time of the crash. Witness statements and the police report can provide more context about whether distraction contributed to a car crash in Elgin.
Illinois law limits the use of electronic devices while driving. Under 625 Illinois Compiled Statutes 5/12-610.2, drivers generally cannot use an electronic communication device while driving on a roadway, subject to specific exceptions. These restrictions extend to activities such as streaming video. They also cover participating in video conferences or accessing social media while driving. One would think that drivers know better, but you would be surprised. Drivers actually have been known to try to watch movies or participate on zoom calls while they are driving. This is stupid and very dangerous.
Of course, there are many other kinds of distractions that do not involve people looking at their phones while driving. These other distractions include:
- Eating in the car
- Talking to people in the back seat
- Picking something up off the floor of the car
- Trying to read something while driving
- Yelling at kids in the car
- Getting lost or looking at directions
- Putting on makeup in the car
- Gapers delays or looking at another accident on the roadway
- Multi-tasking behind the wheel
- Falling Asleep at the wheel or driving while too tired to pay attention
Proving distraction is only part of the claim. The evidence must also connect the driver’s conduct to the collision. From there, medical records can document the injuries you suffered and the treatment you needed.
The Impact of Serious Injuries on Your Legal Claim
A documented concussion may require follow-up care and time away from work. Broken bones may require specialist care or surgery. When an inattentive driver causes a crash in Elgin, these injuries can lead to weeks or months of treatment and affect your ability to work and handle normal activities.
The extent of your injuries and recovery can also affect the value of your claim. Compensation may cover medical expenses, lost wages, pain and suffering, disability, and disfigurement when supported by the facts. Following your doctor’s treatment recommendations helps document both your injuries and the care you need.
Insurance coverage is another part of the claim. The other driver’s liability insurance may cover your losses. If the available coverage is not enough, your underinsured driver coverage may apply. Uninsured driver coverage may also be relevant if the responsible driver has no insurance. A big part of our job is finding all available insurance and making sure that each part pays what it should.
Fault Issues That Can Affect Your Distracted Driving Accident Claim
Insurance companies may challenge how much responsibility each driver bears for a crash. Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. Compensation is reduced by the injured person’s share of fault, while a share above 50 percent prevents any recovery at all. What this means is that if you say something that the insurance company can run with to build a case against you, they will try to pay less – or nothing- because of something that you did wrong. Talking to an insurance company can feel like walking through a minefield.
Your share of fault can directly affect a claim when a distracted driver causes a car accident in Elgin. We examine the evidence to determine what happened and respond to disputes over responsibility. If filing a lawsuit is necessary to pursue your claim, we are willing to take that step.
Deadlines also matter. Under 735 ILCS 5/13-202, a personal injury action generally must be filed within two years after what happened. The deadline may vary based on the facts of the case, so it is always best to talk to a lawyer sooner rather than later.
Contact an Elgin Distracted Driving Car Accident Lawyer Today
Medical treatment and missed work can continue long after distracted driving car accidents in Elgin. Having clear guidance can help you understand your options and decide what to do next.
O’Connor Cadiz Accident and Injury Law is a small practice that gives each client personal attention rather than treating cases as numbers. If you were hurt by a distracted driver, contact us to discuss your case and next steps.
