Illinois Personal Injury Attorney

Steps to Take When Pursuing Injury Compensation From a Distracted Driving Collision

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Car accidents can be devastating and lead to serious, life-altering injuries. Distracted driving, including texting and driving, causes thousands of severe injuries and fatalities each year in the United States. To combat the use of cellphones or other electronic devices when driving, Illinois passed a law prohibiting distracted driving. However, distracted driving continues to be an issue rampant on the roads. Victims that have been injured during a car collision from a distracted driver may be awarded financial compensation to help cover the costs of their injuries. Distracted driving also may lead to severe legal consequences.

Understanding Illinois Distracted Driving Laws

According to 2022 driving statistics, approximately 400 fatal crashes caused by texting and driving occur each year in the United States. This figure indicates the need for safety laws to prevent distracted driving. Illinois law states that drivers may not use hand-held electronic devices while driving on the road. The legal consequences for texting or using a device while driving can include fines anywhere from $75 to $1,000. If a driver causes bodily harm to another individual due to distracted driving, they may be charged with aggravated use of a device while driving, leading to a Class A misdemeanor for bodily injuries to the victim or a Class 4 felony if the victim is killed.

Establishing a Faulty Party

If you were a victim of a distracted driving collision, you may be entitled to financial compensation to aid in your recovery. To hold the other driver responsible for their distracted driving, you must establish that they were the faulty party. Declaring fault may seem like an easy pursuit; however, it can be challenging to prove fault in a car accident, especially if the faulty driver obtains legal representation. Suppose you are looking to establish fault and receive compensation for your injuries or a loved one’s death. In that case, it is in your best interest to speak with or hire a skilled personal injury attorney with experience establishing fault in distracted driving cases.

Obtaining Compensation for Your Injuries

There are a few steps to take when looking to file a personal injury suit for your injuries after a distracted driving collision. Alongside an attorney, here is the step-by-step process to follow:

  • Collect evidence for your case that established fault of the distracted driver and establish liability to hold them responsible.
  • File a personal injury claim or lawsuit against the distracted driver no longer than two years following the accident.
  • Work alongside your lawyer during negotiation with the other party when attempting to receive a financial payout.
  • Prepare for trial in the case that litigation is necessary to award your compensation.

Speak With an Experienced Car Accident Injury Attorney in Joliet, Illinois

At Michael J. Lichner – Will County Personal Injury Lawyer, Joliet personal injury attorney Micheal Lichner believes that victims of distracted driving should receive their justified financial compensation. After years of experience advocating for clients who were injured, our attorney has the skills to properly evaluate the details of your case and help you in the process of pursuing a civil lawsuit. We offer a free consultation to help you begin your journey towards receiving compensation. Call us today at 815-730-1977 to schedule your initial appointment with our team.

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-610.2

Have Any Questions?

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How do I know if I have a case?

The most basic grounds for a case are that you’re hurt and it’s someone else’s fault, legally. There are multiple legal standards that may apply.

Most cases are accidents. The party responsible doesn’t necessarily have to have hurt you on purpose. Simple negligence, which is just an unreasonable absence of care, can be enough for the victim to have the right to compensation. In other words, you might have a case, even if it was an accident.

Ask us for your personal consultation. We can learn about what happened in your case and explain how the law may apply.

How will the value of my case be determined?

The purpose of a personal injury case is to compensate you fairly for the losses that you have suffered. That includes financial losses, plus the physical and emotional suffering that goes along with injuries. The question to answer is – What has the personal injury cost you, financially and personally?

There are other factors that may impact the value of a case. Comparative negligence may apply, for example. Punitive damages may be awarded, subject to statutory limitations and requirements for pretrial motion and hearing to amend the complaint. The legal strength of the case may also impact its value.

At your consultation, we look at your specific case and explain how the value of your case may be determined.

Will I have to go to court for my personal injury case?

Most Personal Injury cases don’t go to court, but we’re always ready just in case. In fact, aggressively preparing your case can be exactly what’s needed to reach a fair settlement. We’re always ready to pursue your interests as long as necessary for you to get justice.

It’s normal to be nervous about court. Many people ask us if their case will go to court, hoping that the answer is no. Rest assured that you’re hiring us to represent you. We’ll speak for you to the court. If it’s your turn to testify, we’ll make sure that you’re fully prepared and that you know what to expect.

As your legal representative, Michael L. Lichner works to understand your goals for litigation. He’ll discuss the pros and cons of going to court and help you make the right decisions for your case.

What types of damages can I recover in a personal injury lawsuit?

In a personal injury lawsuit, you can recover damages for the losses you have – financially and personally. You’ll have direct financial losses which may include medical bills, physical therapy, lost wages, and damaged property. You can put in a claim for these expenses.

In addition, when you have a personal injury, you suffer in a lot of ways that can’t be measured directly. For example, you will have physical pain. Injuries may cause mental injury and emotional anguish. Your lifestyle may change. These are real losses, too.

How can I have attorney Michael J. Lichner represent me?

If you’re interested in hiring Michael J. Lichner, contact us. Call or message us, and we’ll take it from there. We offer free consultations and no fee unless we win.

We’ll start with a consultation, answer your questions, and explain how representation works. When you pick us as your representation we’ll get right to work!

Don’t wait, contact us today!

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