Texting while behind the wheel is a top cause of distracted driving accidents. For those involved, seeking legal assistance for texting and driving accidents can help them identify their options and obtain compensation for losses and medical expenses.
Reach out to Smoler Law Office by calling (312) 332-9800 to find a personal injury lawyer in Chicago for an automobile accident case.
Distracted Driving Statistics in Chicago
U.S. News ranked Chicago as the second-worst city in the U.S. for traffic. The gridlocked streets and high prevalence of distracted driving contribute to drivers having an increased risk of these most common injuries from car accidents. The American Automobile Association (AAA) conducted a survey that revealed more than 33% of participants engaged in texting or reading an email while driving at least once in the past 30 days.
Who Can Be Held Liable for a Texting-Related Car Accident?
In Illinois, the driver who was texting and caused the accident is typically held liable for resulting damages or injuries. However, others may also share liability—for example, if an employer encouraged the driver to text while working or if a vehicle owner negligently allowed someone known for distracted driving to use their car. Determining liability often requires investigation, so consulting a personal injury attorney is highly recommended.
Can Employers Be Liable for Employees Who Text and Drive?
Employers can be held liable if an employee causes an accident while texting and driving during work-related duties. This is known as vicarious liability. If the employee was acting within the scope of their job, the employer may be responsible for damages resulting from the crash.
Proving the Other Driver Was Texting at the Time of the Crash
Proving the other driver was texting at the time of the crash can be challenging, but it’s possible with the right evidence. Key forms of proof include cellphone records, witness statements, surveillance or dashcam footage, and police reports noting distracted behavior. In some cases, accident reconstruction experts may help demonstrate a lack of braking or evasive action. An experienced car accident attorney can subpoena phone records and build a strong case to show the driver was distracted by texting.
If you’ve been hurt in a distracted driving accident, don’t go it alone. Contact Smoler Law Office to recover a reasonable settlement for a car accident.
