Distracted Driving Accident Attorney in McHenry County, Chicago IL
McHenry County and Chicago Lawyer Helping Car Crash Victims
Assert Your Right to Compensation
Distracted drivers are a contributing factor to thousands of car crashes in Illinois each year. Even though it is illegal to use a hand-held phone to make calls or text, many people continue to let their attention drift while behind the wheel. If you were hurt in a collision caused by a distracted driver, you may be able to file a negligence lawsuit. To establish your right to compensation, you would need to show that four elements are present in your case.
First, you must prove that the defendant driver owed you a duty of care. It is widely accepted that everyone in Illinois needs to act with enough prudence to avoid posing foreseeable risks of harm to people around them. This ordinary duty of care is defined as behaving in the same way that a reasonable person would behave under the same circumstances.
Next, the defendant must have breached his or her duty by failing to exercise the appropriate level of care. You could establish this by presenting evidence that a motorist was texting on a phone, reading, drinking coffee, or indulging in some other unreasonably distracting activity while operating a vehicle.
Having shown duty and breach, you then must prove that the defendant’s careless behavior was the direct cause of your injuries. In Illinois, causation is divided into two components. Your injuries must have been a foreseeable result of the other driver’s negligence, and the evidence must show that you would not have been hurt if he or she had acted with as much care as the ordinary person would have used.
If you go through these steps and also show that you suffered actual damages as a result of the accident, you may be entitled to recover compensation from any defendants held liable. Some forms of damages are designed to reimburse you for objective types of harm, like past and future medical expenses, the costs of therapy, property damage to a vehicle, and lost wages. Additionally, you can pursue compensation for more subjective injuries, such as pain and suffering, emotional distress, or disfigurement. In some rare cases when the defendant’s conduct was willful and wanton, you might also seek punitive damages. These are intended to punish a defendant for especially egregious behavior.
Consult a Distracted Driving Accident Attorney in McHenry County, Chicago IL
With cell phones and other sources of distraction becoming increasingly widespread, highway collisions caused by distracted drivers will remain a problem for the foreseeable future. The victims of their negligence should not hesitate to hold them accountable for the harm that they inflict.