Chicago Distracted Driving Accident Lawyer
There is no denying that distracted driving is dangerous driving. This type of driving behavior occurs in many ways, and these incidents have increased due to the use of technology in our lives. If you or a loved one have been injured due to the actions of a distracted driver, Seidman, Margulis & Fairman, LLP is here to help. Our Chicago distracted driving accident attorneys will thoroughly investigate your case and work to secure any conversation you may be entitled to.
Choose Seidman, Margulis & Fairman, LLP For This Case
When you have been injured due to a distracted driver, you need help from an attorney with vast experience handling these cases. Turn to the Chicago personal injury attorneys at Seidman, Margulis & Fairman, LLP for help.
- We are committed to providing direct, honest communication with our clients. We offer personalized attention — you only deal with your attorneys, not paralegals or junior assistants.
- We have a reputation for success, securing hundreds of millions of dollars in total settlements and verdicts for our clients.
- We take distracted driving cases on a contingency fee basis. This means that our clients pay nothing until we secure the compensation they deserve.
Why Do You Need An Attorney After a Distracted Driving Accident?
If you have been injured by a distracted driver, then you should secure an attorney to help prove liability. These cases can become difficult, and a Chicago distracted driving accident lawyer will have the resources to obtain all evidence related to the case. For a distracted driving accident, this could include video surveillance of the incident, eyewitness statements, phone records, and more.
An attorney will also handle all communications with other parties, including aggressive insurance carriers, in order to secure the compensation that is fair for the accident victim.
Distracted Driving Can Occur In Many Ways
The Illinois Department of Transportation shows us that there were 162,527 total traffic accidents in Cook County during the latest reporting year of data available. Out of these incidents, there were 248 fatalities and more than 31,000 injuries.
A major cause of car accidents in Chicago and the surrounding areas is distracted driving. According to the US Centers for Disease Control and Prevention (CDC), there are three main types of distracted driving:
- Visual, which includes taking your eyes off the road
- Manual, which means taking your hands off the wheel
- Cognitive, which means taking your mind off of driving
Anytime a driver stops focusing on the roadway, even for just a few seconds, there is a much higher risk of an accident occurring. Some of the most common distractions for drivers in Chicago include cell phones. It is not uncommon for accidents to be caused because a driver was texting, browsing the Internet, taking selfies, or exploring social media.
Other common distractions behind the wheel include eating or drinking while driving, talking to other people in the vehicle, reaching for items in the vehicle, and more.
What Type Of Compensation Is Available?
There are various types of compensation that victims of distracted driving crashes may be awarded through a settlement or verdict. At Seidman, Margulis & Fairman, LLP, our qualified and experienced team of trial attorneys regularly helps clients recover the following:
- Coverage of all medical bills related to the crash
- Lost income if the victim cannot work while recovering
- Mental anguish damages
- Loss of enjoyment of life damages
- Property damage expenses
- Possible punitive damages
How to Prove a Driver Was Distracted After an Accident
Distracted driving is not a new phenomenon, but the reality is that distracted driving behaviors are becoming more and more common on the roadways. If you or somebody you care about had been injured in a car accident caused by the distracting driving behaviors of another driver on the roadway, You may need to seek legal assistance. Unfortunately, proving that the other driver was distracted can be difficult, and this may take an extensive investigation.
Evidence Collection Begins at the Car Accident Scene
The best time to begin gathering evidence that you were struck by a distracted driver is at the car accident scene. If you are ever involved in a car accident, and you believe the other driver was distracted, take note of whether or not the driver has a cell phone in their hands or on the seat or floorboard. While this evidence alone may not be enough to determine distracted driving, it is a good starting point.
However, phones are not the only type of distractions that drivers face on the roadway. Look to see if the other driver has bags of food or makeup strewn around after the crash. If you do see any evidence of distracted driving, try to take photos or videos that will document this evidence.
Using Cell Phone Records
If an alleged negligent driver was talking on the phone or sending a text message at the time of the crash, it may be possible to obtain their phone records through a subpoena that will show the exact time and date of these activities. The goal will be to show that their talking or texting on the phone correlated to the exact same time as the crash. This is where an attorney may be necessary. Gathering this evidence can be difficult, but an attorney will understand the legal processes necessary.
Social Media Evidence
Social media is a constant distraction for drivers. This includes Facebook, Twitter, Instagram, Tik Tok, and more. It may be possible for you or your attorney to gain access to an alleged negligent driver’s social media pages to show that they were making posts at the time of the crash.
It may be the case that somebody else was able to witness the other driver’s distraction at the time of the crash. The other witnesses could include your passengers, the other driver’s passengers, pedestrians in the vicinity of the crash, drivers or passengers in other vehicles, and more.
Many vehicles have sophisticated computer equipment on board that monitors and records the driver’s activities. This even includes equipment that connects to a driver’s cell phone or other devices. The equipment inside of a vehicle may show how fast a driver was operating at the time of the crash or even whether or not the driver was adjusting their radio or other controls at the time of the incident.
Law enforcement officials often include notes about suspected distracted driving in their official police reports related to the incident. The police report is almost always going to be requested by the insurance carriers involved in a crash, so this is a good place to again a distracted driving investigation.
Contact Our Distracted Driving Accident Attorneys Today
The total amount of compensation awarded will vary depending on the specific factors related to each particular client’s case. When you need a Chicago distracted driving accident attorney, you can contact us for a free consultation of your case by clicking here or calling (312) 781-1977.