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If you or someone you love has been hurt by a distracted driver, you deserve accountability. A Chicago car accident lawyer can help you file a claim and recover damages.
Charlie Therman Injury & Accident Lawyers, P.C. has been representing injury victims in Illinois since 2002. If you were injured in a crash with a distracted driver, a distracted driving accident lawyer in Chicago can gather evidence for your claim and help you obtain the compensation you deserve.
How a Chicago Distracted Driving Accident Lawyer Can Help
After an accident, a Chicago personal injury lawyer from Charlie Therman Injury & Accident Lawyers, P.C. can help with your case by:
- Investigating the accident: We can review police reports, interview witnesses, examine photographs, and gather other evidence to determine how the collision happened.
- Collecting evidence of distraction: Phone records, witness statements, surveillance footage, and vehicle data may help prove that the other driver was not paying attention.
- Calculating your damages: We can help ensure your claim accounts for all of your economic and non-economic damages.
- Negotiating with insurers: We can challenge unfair settlement offers and present evidence supporting the true value of your claim.
- Taking legal action: If the insurer refuses to offer reasonable compensation, we can file a lawsuit and represent you in the Circuit Court of Cook County.
What Types of Compensation Can You Recover?
You can recover many types of compensation if you were hit by a distracted driver, including:
- Medical bills for treatment you have already received
- Future medical expenses for ongoing care or rehabilitation
- Lost wages if your injuries kept you out of work
- Diminished earning capacity if the accident leaves you with a permanent disability or diminished ability to earn a living in the future
- Pain and suffering for the physical and emotional toll the crash has taken on you
- Property damage to your vehicle and belongings
- Loss of enjoyment of life if your injuries have changed what you are able to do day-to-day
- Wrongful death damages if you lost a family member (including funeral costs, loss of financial support, and compensation for your grief)
- Punitive damages in rare cases involving extreme or willful and wanton misconduct
A Chicago distracted driving accident lawyer from Charlie Therman Injury & Accident Lawyers, P.C. can sit down with you, go through every detail of your case, and help ensure none of your losses are left out of your claim.
How Long Do You Have to File a Car Accident Claim in Illinois?
You typically have two years from the date of a car accident to file a personal injury claim in Illinois under 735 ILCS 5/13-202. In addition, according to 735 ILCS 5/13-205, you generally have five years to file a property damage lawsuit. If you don’t file your claim before the applicable statute of limitations expires, you will lose the right to recover damages.
Exceptions can apply in certain scenarios, such as if your case involves minors, government-owned vehicles, or wrongful death. A distracted driving accident attorney in Chicago from Charlie Therman Injury & Accident Lawyers, P.C. can explain which deadline applies to your case and help gather evidence before it disappears.
How Do You Prove a Driver Was Distracted?
Proving that a driver was distracted requires evidence that they were not paying adequate attention and that this inattention contributed to the auto accident and your injuries. Useful types of evidence may include:
The Police Report
The report police fill out at the accident scene may include observations from the responding officer and information about citations issued for distracted driving violations.
Traffic and Surveillance Camera Footage
Cameras at intersections or nearby businesses may have captured the auto accident or the moments leading up to it. Our Chicago personal injury attorneys will move quickly to request this footage before it is deleted or overwritten.
Witness Statements
Other drivers who saw the at-fault driver using their phone or behaving erratically before the motor vehicle accident may be able to provide valuable testimony.
Cell Phone Records
One of the most powerful tools in a distracted driving case is cell phone records. We will work to obtain these records early so they can be preserved and used as evidence for your claim.
Social Media Activity
In some cases, a driver’s social media activity can be used to show they were actively posting, liking, or scrolling at the time of the motor vehicle accident.
Vehicle Data
Many modern vehicles record data about drivers’ behavior, including sudden braking, speed, and steering inputs in the moments before a car accident. This information can help paint a picture of what was happening inside the other driver’s vehicle.
Accident Reconstruction Analysis
If necessary, our Chicago injury attorneys can bring in specialists who will analyze physical evidence and vehicle data and prepare a report that connects the other driver’s inattention directly to the crash.
What If the Insurance Company Disputes Fault?
If the insurance company disputes fault, do not agree to give a recorded statement about the car accident or accept their first settlement offer. An insurer may dispute liability or attempt to reduce the amount it pays. Our lawyers can gather witness testimony, photographs, electronic records, and other evidence to prove how the accident really occurred.
If the other driver or their insurer continues to deny responsibility for the crash, a distracted driving accident lawyer in Chicago from Charlie Therman Injury & Accident Lawyers, P.C. can help you file a personal injury lawsuit.
What Counts as Distracted Driving?
Many different types of behavior count as distracted driving in Illinois. At Charlie Therman Injury & Accident Lawyers, P.C., we see cases involving:
- Cell phone use and texting while driving: Reading or sending text messages takes a driver’s eyes off the road for seconds at a time.
- Using social media: Scrolling, watching videos, or taking photos while driving demands visual, manual, and mental attention all at once.
- Using navigation systems: Programming a GPS or adjusting a navigation system on the move is a serious and often underestimated distraction.
- Using other electronic devices: Tablets, laptops, and any other handheld electronic devices inside a vehicle carry the same dangers as a cell phone.
- Personal grooming: Applying makeup, shaving, or fixing your hair behind the wheel is more common than most people realize and just as dangerous.
Any of these behaviors can form the basis of a personal injury claim if they lead to an auto accident that injures someone.
What to Do After a Distracted Driving Accident in Chicago
The steps you take after a car crash can affect the outcome of your personal injury claim.
If you are able, you should:
- Report the accident: Notify the Chicago Police Department and provide accurate information about what happened to the responding officers.
- Exchange information: Obtain the other driver’s contact and insurance information. If any witnesses are present, request their contact information as well.
- Document the scene: If it is safe to do so, photograph vehicle damage, road conditions, traffic signals, skid marks, and any visible injuries.
- Get medical treatment: Visit Northwestern Memorial Hospital, Ascension St. Joseph, or another local hospital, even if you feel fine. Some injuries, such as concussions and soft-tissue injuries, may not produce obvious symptoms right away.
- Preserve evidence: Keep medical records, repair estimates, receipts, correspondence, and documentation of missed work.
- Contact your insurance company: Follow your policy’s reporting requirements and provide truthful information, but avoid speculating about fault or minimizing your injuries.
- Consult a lawyer: Contact the Chicago distracted driving accident lawyers at Charlie Therman Injury & Accident Lawyers, P.C. before accepting a settlement or giving a recorded statement to the insurance company.
Contact Our Distracted Driving Accident Attorneys in Chicago Today
If you were hit by a driver who wasn’t paying attention, you don’t have to deal with the aftermath alone. A Chicago distracted driving accident attorney from Charlie Therman Injury & Accident Lawyers, P.C. can investigate the crash, collect evidence that supports your claim, and fight for the compensation you need to get back on your feet.
Schedule a free consultation to find out how we can help you obtain the compensation you are owed.
