If a distracted driver injures you in Chicago, you can hold that person accountable for the harm they caused. Under Illinois law, you can pursue financial compensation for your medical bills, lost income, and the ways this injury has rewritten your life.
To do this, you file a personal injury claim against the at-fault driver's insurance company. This process is designed to shift the financial weight of the crash from your shoulders to the person responsible. It requires gathering evidence, calculating your total losses, and negotiating for a fair outcome. It’s a job that demands focus and legal knowledge, especially when you should be focused on your recovery.
If you have questions, we have answers. As distracted driving accident lawyers in Chicago, we are available for a straightforward conversation about your case and your options.
Call Abels & Annes, P.C. for a free consultation at (312) 924-7575.
Why Choose Abels & Annes, P.C. for Your Case?
Our Practice is Built for This
Since 2008, our firm has focused exclusively on helping people injured by the negligence of others. Founders David Abels and Gary Annes created a practice centered on one principle: everyone deserves high-caliber legal representation, especially when they are at their most vulnerable.
We work on a contingency fee basis. This means you will not pay us a single dollar unless we secure a financial recovery for you. There are no upfront costs and the initial consultation is always free. This approach ensures that your financial situation is not a barrier to seeking justice.
A Record of Handling Significant Injury Claims
Our attorneys are lifetime members of the Million Dollar and Multi-Million Dollar Advocates Forum, a group representing a small fraction of trial lawyers who have secured seven- and eight-figure results for clients. While every case stands on its own merits, this reflects a history of successfully managing serious and demanding injury claims, including those caused by distracted drivers.
Direct Communication and Local Presence
When you work with us, you get a direct line to your attorney. We believe consistent, clear communication is the bedrock of a strong partnership. Expect to receive regular updates and have your questions answered promptly.
Our office is located at 100 N LaSalle St, Suite 1710, in the heart of Chicago’s Loop. We are not some faceless firm on the other side of the country; we are part of this community, conveniently located near City Hall and easily reachable by public transport.
What Is a Distracted Driving Claim Worth?
The goal of a personal injury claim is to restore you to the position you were in before the accident, at least financially. While no amount of money erases the event, compensation is the legal system’s tool for making sure the at-fault driver, not you, bears the financial cost.
Your claim's value is determined by the sum of your losses, known in legal terms as "damages." These are divided into two main types.
Economic Damages: The Billable Costs
These are the concrete, verifiable financial losses you've sustained. They include:
- Medical Expenses: This covers everything from the ambulance ride and emergency room care to surgeries, hospital stays, MRIs, prescription drugs, and future needs like physical therapy.
- Lost Income and Earning Capacity: If your injuries keep you from working, you are entitled to the wages you've lost. If the injury is permanent and impacts your career path or ability to work in the future, this also includes your diminished earning capacity.
- Property Damage: This is the cost to repair or replace your vehicle and any other personal items destroyed in the crash, such as a phone, laptop, or child safety seat.
Non-Economic Damages: The Human Cost
These losses are less about numbers on a spreadsheet and more about the human impact of the injury. They are just as real and just as compensable.
- Pain and Suffering: This compensates you for the physical pain and emotional distress you have endured and may continue to face because of the crash.
- Loss of a Normal Life: Unique to Illinois, this addresses how your injuries diminish your ability to enjoy life. It’s about the inability to pursue pleasurable aspects of life—whether that’s playing with your kids, participating in a hobby, or going for a walk with your spouse.
- Disfigurement: If the crash left you with permanent scars, an amputation, or other lasting changes to your appearance, you can be compensated for that harm.
When Does a Judge Award Punitive Damages?
Sometimes, a driver's actions are so reckless that they amount to a conscious disregard for the safety of others. Imagine a driver texting while speeding through a construction zone on the Eisenhower Expressway.
In these rare situations, an Illinois court may award punitive damages. Unlike compensatory damages, which cover your losses, punitive damages punish the defendant for extreme or malicious conduct and deter similar behavior. Securing punitive damages requires proving a high degree of misconduct.
What if the Insurance Company Says I Was Partially at Fault?
Insurance companies may try to reduce what they pay by arguing you share some of the blame. Illinois law uses a "modified comparative negligence" rule to handle these situations.
Here’s what that means: you can still recover damages as long as your percentage of fault is 50% or less. Your total compensation is simply reduced by your share of the fault. If, however, you are found 51% or more at fault, you are barred from recovering anything.
What Are the State Laws on Distracted Driving?
Between a recent four-year period, distracted driving crashes killed 260 people and injured over 29,000 more in Illinois. The law is crystal clear: under statute 625 ILCS 5/12-610.2, it is illegal to operate a vehicle while using a hand-held electronic device. This includes texting, emailing, or even participating in a video call. But the problem goes beyond just phones.
The National Highway Traffic Safety Administration (NHTSA) identifies three types of distraction:
- Visual: Taking your eyes off the road.
- Manual: Taking your hands off the wheel.
- Cognitive: Taking your mind off of driving.
Texting is particularly dangerous because it involves all three at once.
Chicago's High-Risk Environments
Any Chicago street can become the scene of a crash, but some areas present a higher risk.
- Congested Intersections: Crossings along Lake Shore Drive, Michigan Avenue, or near the Kennedy/Dan Ryan interchange are dense with cars, buses, cyclists, and pedestrians. A moment of inattention here can have devastating results.
- Construction Zones: Chicago’s roads are perpetually under construction. These zones, with their lane shifts and workers present, demand total focus. A driver glancing at a GPS can easily cause a pile-up.
- Stop-and-Go Traffic: The slow crawl of rush hour in the Loop or River North tempts drivers to pick up their phones. This is a primary cause of the rear-end collisions that are all too common in city traffic.
How We Uncover Evidence of Distracted Driving
The police report often fails to tell the whole story. We conduct a thorough investigation to prove a driver was distracted.
Here is how we build a case:
Subpoenaing Cell Phone Records
The most direct way to prove a driver was on their phone is to get the records. We can issue a legal subpoena to the driver's cell phone provider to obtain a log of calls, texts, and data usage, complete with timestamps matched to the time of the crash.
Finding Witnesses
Other drivers or pedestrians may have seen the at-fault driver looking at their phone, eating, or otherwise not paying attention in the moments before the collision. We conduct thorough witness interviews to lock in this testimony.
Locating Video Footage
Many Chicago intersections, businesses, and even residential buildings have security cameras. We act quickly to identify and preserve video footage that may have captured the accident or the driver's behavior.
Hiring Accident Reconstructionists
In complex cases, we work with engineering experts who can analyze physical evidence like skid marks, vehicle damage, and data from a car's "black box" to show how the crash happened and demonstrate that it is consistent with a distracted driver.
What Injuries Do Distracted Driving Accidents Cause?
When a driver isn't looking, they don't brake. This risks leading to high-speed, forceful impacts that cause severe injuries. Some of the most common include:
- Whiplash and Neck Injuries: The violent snap of the head in a rear-end collision can tear soft tissues and damage discs in the neck and spine.
- Traumatic Brain Injuries (TBIs): A concussion or a more severe TBI can result from the head hitting a window, steering wheel, or airbag. These injuries sometimes leave behind lasting cognitive and emotional changes.
- Spinal Cord Damage: An injury to the spinal cord is one of the most catastrophic outcomes, potentially leading to chronic pain, loss of function, and paralysis.
- Broken Bones: The forces in a car crash can easily fracture arms, legs, hips, and ribs, often requiring surgery and long-term rehabilitation.
- Internal Organ Damage: The blunt force of an impact can cause internal bleeding and damage to vital organs, which may not be immediately obvious at the scene.
What 5 Steps Will Protect Your Chicago Distracted Driving Accident Claim?
- Do Follow Your Doctor’s Plan: Attend every appointment, go to all therapy sessions, and fill every prescription. This not only aids your physical recovery but also creates an official medical record that documents the extent of your injuries.
- Don't Give a Recorded Statement: You are not required to give a recorded statement to the other driver’s insurance adjuster. Their job is to find reasons to pay less, and they are trained to ask questions that can be twisted to hurt your claim. Let your attorney handle all communications.
- Do Keep a Simple Journal: Each day, take a few moments to write down your pain levels, the challenges you face with daily activities, and how the injury is affecting your life.
- Don't Post on Social Media: Insurance companies hire investigators to scour social media. A single photo of you at a family event could be used to argue your injuries aren't as bad as you claim. The safest choice is to stay offline until your case is resolved.
- Do Create a File: Keep all accident-related documents in one place. This includes medical bills, receipts for prescriptions, the police report, and any letters from insurance companies.
Frequently Asked Questions About Chicago Distracted Driving Accident Claims
How long do I have to file a lawsuit in Illinois?
For most personal injury cases in Illinois, the statute of limitations is two years from the date of the accident. This means you must either settle your claim or file a lawsuit within that two-year window. There are some exceptions, particularly for claims against government bodies, which have a much shorter deadline—sometimes just one year. It is best to speak with a lawyer quickly to protect your rights.
What if the distracted driver was in a company vehicle?
This may allow for an additional path to recovery. Under a legal doctrine known as respondeat superior, employers can be held responsible for the negligent acts of their employees. We would investigate the company’s policies on cell phone use, as well as its hiring and training procedures, to determine if they share liability for the crash.
What if the at-fault driver has no insurance or not enough?
This is a frighteningly common scenario. This is where your own insurance policy comes in. Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage is designed for this exact situation.
- UM coverage protects you if the at-fault driver has no insurance or is a hit-and-run driver.
- UIM coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover all your damages.
We’ll help you file a claim with your own insurance company to access these benefits you have paid for.
Can I file a claim if I was a passenger and my friend was the distracted driver?
Yes. While it might feel awkward, you have the right to file a claim against your friend's auto insurance policy. That is precisely why they have insurance—to cover the damages caused by their mistakes. The claim is against their insurance company, not your friend personally, and it is the only way to get compensation for your medical bills and other losses.
What if a pedestrian or bicyclist is hit by a distracted driver?
Pedestrians and cyclists are completely exposed and often suffer life-altering injuries when struck by a car. They have the same rights to pursue compensation from the distracted driver's insurance. These cases commonly involve a lifetime of medical needs, and it is imperative to have an advocate who understands how to secure the full measure of damages required for that care.
What if the distracted driver was using a hands-free device?
Even if a driver uses a hands-free or voice-activated system, they may still be held liable. Illinois law focuses on hand-held devices, but a personal injury claim is based on negligence. We can argue that the driver was cognitively distracted and failed to operate their vehicle with reasonable care, regardless of whether they were holding the phone.
The core issue is the lack of attention, not how the driver used the device.
How does a distracted driving claim work if I was a passenger in an Uber or Lyft?
As a passenger in a rideshare vehicle, you have multiple potential sources of compensation. You could file a claim against your distracted Uber/Lyft driver's insurance, the other driver's insurance if they were at fault, or the rideshare company's own substantial insurance policy.
These cases involve complex insurance questions, making it important to have a lawyer navigate the process for you.
Does the type of distraction matter in my case?
Legally, any action that diverts a driver's attention and causes them to drive negligently can form the basis of a claim. While texting is a clear violation of the law, other distractions like eating, adjusting the GPS or radio, attending to children in the back seat, or talking to passengers can also constitute negligence.
Our investigation aims to prove that the driver was not focused on the road, whatever the reason, and that this failure caused your injuries.
What happens if the distracted driver gives a different story to the police?
Drivers rarely admit fault, especially when they were breaking the law. It is common for a distracted driver to tell the police a version of events that omits their phone use or inattention.
This is why we conduct our own independent investigation. We do not rely solely on the police report and instead gather evidence like cell phone records, witness statements, and video footage to establish the truth.
Let Us Handle the Legal Work, So You Can Heal
After a crash, your energy should be spent on one thing: your recovery.
The team at Abels & Annes, P.C. will manage every detail of your legal claim. From the initial investigation and evidence collection to dealing with the insurance company and, if needed, taking your case to court, we will be with you every step of the way.
Contact us today for a free, confidential conversation about your case. We are here to provide the clear, direct guidance you need. Call Abels & Annes, P.C. at (312) 924-7575.