Can You Sue Someone For Texting While Driving?

Everyone has heard that texting while driving is dangerous, and you shouldn’t do it. But many people don’t stop to think about just how dangerous it is. Distracted drivers, especially those on their phones, are a hazard on the road. In fact, 3,142 people were killed in 2019 in motor vehicle crashes involving distracted drivers. 

If you sustained injuries from an Illinois auto accident that was caused by texting while driving, our car accident lawyers are here to help you. They can help prove that the other driver was negligent while behind the wheel and hold them accountable for their reckless driving.

Call us at (312) 578-9501 to schedule a free, no-obligation consultation with one of our auto accident attorneys. Our team has experience fighting for those who have been hurt by someone else’s negligence. 

Want to learn more? Keep reading about the dangers of texting and driving.   

How does texting while driving cause accidents in Illinois? 

National Highway Traffic Safety Administration (NHTSA) states that at any given time, 660,000 drivers are on their cellular devices while driving throughout the United States. 

Distracted driving is one of the largest culprits for auto accidents in America. In fact, if someone is driving at 55 mph and looks away from the road for 5 seconds, they drive the length of a football field. If this happens several times while the driver is behind the wheel, you can only imagine how dangerous this could be for everyone on the road.  

When someone looks at their phone to see the latest notification, they don’t realize how important those 5 seconds really are. Another startling fact is that according to the NHTSA, driving a vehicle while texting is six times more dangerous than intoxicated driving. This means that people who are texting and driving have an even slower reaction time to what’s happening on the road compared to someone who is driving under the influence of drugs or alcohol. Yet, people still choose to text and drive daily despite these dangers. 

Is it legal to text while driving in Illinois?

It is illegal to text while driving in the state of Illinois. According to the Illinois Secretary of State,  it is illegal for anyone to have their hands on a cellphone while behind the wheel. However, persons over the age of 19 are permitted to use hands-free and Bluetooth devices, should they need to make a call. However, it’s encouraged that drivers pull over on the side of the road when making the phone call initially. 

Furthermore, Illinois permits only 3 times when drivers are allowed to use cell phones without hands-free devices: 

1. To report an emergency;
2. When parked on the side of a roadway;
3. When stopped in normal traffic and the vehicle is in either neutral or park.

There are consequences for breaking Illinois’ no texting-and-driving laws. People who are found violating this law will be subject to fines depending on how many times they’ve broken this specific law before:

• First-time offenders can receive up to $75 in fines.
• Second-time offenders can receive up to $100 in fines.
• Third-time offenders can receive up to $125 in fines.
• Fourth-time offenders and above can receive up to $150 in fines.

If someone has 3 violations in a year, they can possibly get their license suspended. 

For those who text and drive and cause an accident, there are even more serious repercussions. If somebody in the accident sustains a serious injury, the at-fault driver will be charged with a Class A misdemeanor, which entails up to a year in jail and/or a fine up to $2,500. If there is a death, the charge is a Class 4 felony which can be 1 to 3 years in jail and/or a fine up to $25,000. 

I was hit by a distracted driver. Can I file a texting and driving lawsuit?

Yes, if you were in an accident with someone who was on their phone, you can pursue a lawsuit against the other driver. As described above, it is illegal for someone to text and drive. 

Make sure that you speak to an experienced personal injury lawyer as soon as possible following an accident that was caused due to texting and driving. The decisions that are made within days and weeks are crucial, and you will want someone in your corner who has your back.

Injured by a distracted driver? Our Chicago Accident Attorneys Can Help 

At Shannon Law Group, P.C., our car accident attorneys have helped those like you who have sustained injuries from an accident that was caused by someone using their cellphone illegally behind the wheel. Our team of compassionate attorneys is here to help you get the compensation you deserve. We offer free, no-obligation consultations daily. Just call us at 312-578-9501 or fill out the form on this page to contact us today.