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Get the Answers to FAQs About Distracted Driving Accident Claims

April 23, 2021

People who suffer injuries due to motor vehicle accidents caused by distracted drivers may bring legal action to recover compensation for their losses. Rather than keeping their focus on the road while operating their vehicles, distracted drivers prioritize other tasks and behaviors while behind the wheel. Doing so may contribute to them causing crashes that result in serious injuries or death.

What Is Distracted Driving?

Distractions for drivers include any behaviors or activities that deter their focus from driving. The three main types of distractions drivers face while behind the wheel include manual, visual, and cognitive distractions. Manual distractions take drivers’ hands off the steering wheel, visual distractions divert drivers’ eyes from the road, and cognitive distractions take drivers’ attention away from the safe operation of their vehicles. Examples of distractions may include talking on the phone or to a passenger, sending or reading text messages, changing the radio station, and even eating or drinking.

How Do Drivers Prove Fault in Distracted Driving Accident Claims?

Injury victims and their legal teams may rely on various types of evidence, particularly from the car crash scene, to prove fault and liability in distracted driving claims. Some types of evidence that may aid victims in pursuing financial compensation for their injuries include:

  • Official law enforcement accident reports
  • Witness statements and depositions
  • Photos of the accident scene
  • Dashcam or surveillance camera footage
  • Confessions or statements from the at-fault drivers

Cell phone records, as well as social media posts, may also prove helpful in identifying fault and liability for motor vehicle accidents.

What Damages Can Distracted Driving Crash Injury Victims Recover?

People who suffer injuries in collisions involving distracted drivers may pursue compensatory damages for their injury-associated losses. Injury victims may recover compensation for their past, current, and future associated medical bills, past and current lost income, lost future earning potential, and physical and emotional pain and suffering. There currently is no cap in Illinois to limit the damages that injury victims may pursue or recover.

How Long Do Injury Victims Have to File Claims?

Those injured in distracted driving accidents do not have unlimited time in which to bring claims for their losses. The state imposes a two-year statute of limitations on personal injury actions. Consequently, injury victims who do not file their lawsuits within this timeframe may lose their right to seek compensatory damages.

If you have been injured in a personal injury or medical malpractice accident, do not hesitate to contact the Chicago accident and injury law firm of Cogan & Power at (312) 477-2500 to schedule a free case consultation, so that we can help you begin the process of recovery as soon as possible. If you cannot come to our offices in downtown Chicago, we will come to you. And because we take cases on a contingency basis, you will not pay any fee unless we get you compensation.