Legal Strategies for Dealing with Distracted Driving Accidents

Understanding the Implications of Distracted Driving

As an experienced personal injury law firm, the Law Office of Carlson Bier Associates understands all too well the severe consequences associated with distracted driving. Across the state of Illinois, the careless act of not giving full attention to the road leads to numerous accidents, injuries, and even deaths each year. While efforts to educate drivers and enforce laws against distracted driving have increased, the problem persists. Thus, it is crucial to comprehend how distracted driving can impact individual lives, and know how to seek legal redress in case of such an accident.

Distracted Driving: Bane of the Modern Roads

Before diving into the heart of the matter, it’s important to define what constitutes distracted driving. Essentially, distracted driving refers to any activity that redirects the driver’s attention away from the primary task of driving. This could involve distractions such as texting, talking on the phone, eating, drinking, or using in-vehicle technologies. Regardless of the specific distraction, the end result remains the same — divided attention that increases the risk of an accident.

The Prevalence and Impact of Distracted Driving

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed the lives of 3,142 individuals across the United States in 2019, representing a staggering 10% increase from the previous year. In Illinois alone, thousands of accidents occur each year due to distracted driving. These alarming figures underscore the need for effective legal strategies to deal with distracted driving incidents and hold at-fault parties accountable.

Illinois Laws Governing Distracted Driving

Illinois has stringent laws in place to curb distracted driving. For instance, it is illegal to use a handheld cellphone while driving in the state. Violation of this law results in a fine, with costs escalating for repeated offenses. In addition, if a driver using a handheld mobile phone causes an accident resulting in injury or death, they can be charged with a Class A misdemeanor or even a Class 4 felony, depending on the severity of harm inflicted. Understanding these laws can be instrumental when developing your distracted driving legal strategies.

Distracted Driving Legal Strategies

Our firm has represented numerous victims of distracted driving, and through years of experience, we’ve developed powerful legal strategies to aid our clients. Listed below are some key strategies:

– Gathering Evidence: We help our clients collect all possible evidence at the scene, like photos of the accident, eyewitness accounts, and police reports. Identifying the distraction that led to the collision can significantly enhance your case.

– Utilizing Expert Testimony: We employ testimonies from accident reconstruction specialists and other experts, who can help establish the other party’s negligence.

– Filing a Timely Claim: Illinois statutorily allows a stipulated time within which plaintiffs must file their claims. We ensure our clients meet all crucial deadlines to avoid disqualification based on technical grounds.

– Aggressive Negotiation: Our attorneys excel in persuasive negotiation, continuously pushing for fair settlements that adequately cover medical expenses, lost wages, and pain and suffering.

Acts of Negligence and Liability in Distracted Driving

Negligence refers to the failure of an individual to act with the level of care that a reasonable person would exhibit in a similar situation. In the context of distracted driving, showing that the at-fault driver was negligent is a critical component of a personal injury claim. Evidence of phone records, witness testimonies, and traffic camera footage can help prove negligence and establish liability.

Pursuing Compensation through Legal Avenues

Determining the total costs associated with an accident can be complex. Beyond immediate medical bills, victims often have ongoing care needs, suffer from lost income, and endure emotional distress. Working with a knowledgeable legal team is crucial in pursuing full compensation under the law. Quick settlements from insurance companies rarely provide just compensation, and our attorneys can advise you suitably during these essential decisions.

Partner with the Experienced Law Office of Carlson Bier Associates

At the Law Office of Carlson Bier Associates, we are unwavering in our commitment to providing the top-quality legal representation our clients deserve. Our experienced attorneys work tirelessly to craft a robust legal strategy that meets the individual needs of each case. We are familiar with navigating the complexities of the legal system and are ready to assist you in taking the journey towards justice.

To learn more about Illinois laws and proceedings related to personal injury claims, make sure to visit the Illinois Courts public website.

Final Thoughts

Distracted driving continues to be a serious issue on our roads, leading to unnecessary tragedies. However, by understanding the law and working closely with experienced legal professionals like the team of the Law Office of Carlson Bier Associates, victims can find the justice they deserve. We believe it’s not just about winning cases, but about making our roads safer for everyone. Together, we can help change the narrative.