.svg)
Motor Vehicle Accidents 
Get a FREE Consultation
We want to earn your business.
Chicago Distracted Driving Accident Lawyer
Hold negligent drivers accountable for your pain and suffering.
We take traffic safety seriously at Strom Yen. Despite strict laws that govern texting and the use of handheld devices while driving in Illinois, distracted driving continues to be a leading cause of serious accidents that cause injuries and fatalities. Our accident attorneys believe that negligent drivers who disregard the safety of others should be held accountable. We help make sure these drivers pay for the harm they cause.
“I had a great experience working with Atty. Kevin Yen after my accident. From the very beginning, they were attentive, professional, and truly had my best interests at heart. They kept me informed throughout the entire process, explained everything in a way I could understand, and handled all the tough negotiations with the insurance company.
If you’re looking for an accident claim attorney who actually cares and gets results, I highly recommend Atty.Kevin Yen of Strom Yen Law Firm.”
Edith Egar
GET HELP NOWWhy hire Strom Yen for your distracted driving claim?
When you suffer injuries in a car accident, and a distracted driver is at fault, various legal options may be available to recover compensation for your losses. You need a lawyer who will take a close look at all the evidence and details of your case. Your attorney at Strom Yen will help determine the best route to take to ensure your award is maximized.
In most cases, the path begins by filing a personal injury claim against the at-fault driver’s insurance company. There are a few sceanarios where we may take a different approach for your distracted driving case:
- The at-fault driver was working when the accident happened
- They did not have adequate liability insurance
- Multiple drivers were involved
Your distracted driving accident lawyer at Strom Yen may recommend that you file a personal injury lawsuit against a company, claims against multiple parties, or an uninsured or underinsured motorist claim against your own insurance company. Having a thorough attorney, like Lindsey Strom or Kevin Yen, on your side is crucial to recovering damages for these complex cases.
Regardless of the path you and your car accident attorney decide to take, various types of compensation may be available.
-
Economic Damages
Economic damages are designed to pay for monetary losses that you endured (or continue to endure) because of your accident. They include things like past and future medical bills, lost wages, diminished earning capacity, prescription medications and medical devices, and modifications to your home or vehicle.
-
Non-Economic Damages
Non-economic damages are more difficult to quantify because it is hard to place a value on non-tangible losses that impact one’s emotional, mental, or physical wellbeing. If you are awarded noneconomic damages, you could receive compensation for physical and psychological pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium.
-
Punitive Damages
Unlike economic and non-economic damages, which are designed to make an accident victim “whole” after a crash, punitive damages are intended to punish the wrongdoer for grossly negligent or intentional acts. You could be awarded punitive damages if your distracted driving accident lawyer can prove that the at-fault driver was aware of the catastrophic consequences that could be caused by his or her actions, and he or she willfully and intentionally performed the acts anyway.
What Is Distracted Driving?
-
Driving while texting or using the internet
-
Driving while talking on a cell phone
-
Eating or drinking behind the wheel
-
Watching videos
-
Fidgeting with stereos or music devices
Evidence Our Distracted Driving Lawyers Use to Prove Fault
Our personal injury lawyers will investigate your car accident to reveal evidence that the other driver was preoccupied. Evidence may include, but is not limited to:
-
Cellphone records
-
Text messages
-
Witness statements
-
Dashcam footage
-
Social media posts
-
Internet activity
-
Photos
What if you’re partly at fault?
You suffered injuries in an auto accident, and think the other driver was distracted. But what if your actions also played a role in causing the wreck? Sharing some fault for a distracted driving accident may affect your damages, but will not necessarily prevent you from pursuing compensation.
When it comes to motor vehicle accidents, Illinois follows a modified comparative negligence rule. As such, you can recover compensatory damages if you contributed to causing the accident, provided the court does not find you 51% or more at fault for the crash. Factors that may contribute to fault in such collisions include speeding, failing to use the proper signals, performing illegal traffic maneuvers, and drinking alcohol.
If you share fault for the accident, the court will diminish your compensation based on the percentage of responsibility assessed to you for causing the crash. For example, the court determines you were 25% at-fault for a distracted driving accident. Your recoverable damages are valued at $100,000. You can still receive $75,000 for the losses the car accident caused.
FAQs About Distracted Driving Accidents in Chicago:
What is the statute of limitations for distracted driving lawsuits in Illinois?
In Illinois, you generally have just two years from the date of the crash to file a distracted driving injury lawsuit. It’s best to take legal action sooner rather than later, however. Physical evidence may not be preserved and witnesses’ memories may fade if you wait too long to sue.
Can I still file an injury claim or lawsuit if the driver was not convicted of distracted driving?
You can still file an injury claim or lawsuit and recover compensation for your losses, even if the at-fault driver was not convicted of distracted driving in criminal court. While a conviction can help support a claim for damages, the lack of one will not hinder your success in civil court.
What is the most common type of distracted driving?
Cellphone use is the most common type of distracted driving. It is estimated that one out of every four car accidents is caused by texting or talking on cellphones.
Plan for tomorrow, get your free consultation today.
Related Blog Posts
READ MORE FROM THE BLOG
Distracted driving has always been a concern on the Illinois roadways and across the U.S. According to distraction.gov, the number of motor vehicle crashes caused by distracted driving has increased...
Over 70 percent of drivers admit to distracted driving behaviors while behind the wheel. Accidents and injuries related to cell phone use account for more than 1 million car crashes...
According to the National Highway Traffic Safety Administration (NHTSA), motor vehicle accidents are a leading cause of death in the United States. In fact, an estimated 21,132 individuals lost their...