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Monday, September 11, 2017
Texting and driving is by far one of the most dangerous and unnecessary actions people can take while on the road. Illinois law prohibits the use of any handheld device for communications, texting, or talking while operating a motor vehicle.
Anyone over the age of 19 can use hands-free devices to talk or a Bluetooth enabled device.
However, these laws do not stop motorists from using their phones or engaging in other types of distractions behind the wheel. Sadly, texting and driving is still prevalent and a leading type of distraction causing catastrophic accidents across the state.
Per the Centers for Disease Control and Prevention (CDC), there were 3,477 distracted driving fatalities in 2015 and 391,000 distracted driving injuries. Instead of these numbers going down as they should with harsher penalties, they are increasing each year.
The National Highway Traffic Safety Administration (NHTSA) estimates that more than 600,000 drivers currently use their phones while they are driving. Texting and driving was one of the biggest offenses reported by motorists, and that is because today’s form of communication has changed.
More people are relying on their phones to communicate. However, in a highly digitized society, more people are using texting and email to communicate rather than calling. Also, more people are finding themselves addicted to their phone. They need to check it throughout the day, read text messages the moment they are received, and respond – regardless of whether or not they are driving.
That is why multiple campaigns were started to bring awareness to the issue of texting and driving. However, the awareness isn’t enough.
Texting and driving is against the law in Illinois and many other states. In fact, it is a criminal offense to use the phone, text, and drive.
Illinois prohibits texting and driving for licensed drivers in the state. The anti-texting law for the state, which falls under 615 ILCS 5/12-610.02, states that a driver cannot operate a vehicle on the road while using a communication device to send, compose, or read any type of electronic message. This also extends to email, social media, and text messaging.
There are exceptions to the rule. These exceptions include:
Bluetooth and hands-free does not apply to any driver that is 19 years or younger. Instead, you must be 19 years or older to use a hands-free option while driving.
A driver that is texting and driving is legally liable for any damages he or she causes in an accident. All states, including Illinois, impose driver liability – which means that drivers have a legal obligation to look out for the safety of other people on the road.
Therefore, all drivers owe a “duty of care” which means that they have an obligation to look out for the safety of others while on the road. If a driver intentionally engages in distracted driving, that driver has officially violated their duty of care to others. A breach of duty in this case would constitute negligence. If that driver is negligent, he or she is then financially liable for the damages.
The driver’s liability is established by the act. However, your attorney still must determine the damages. The courts will look at recoverable damages first, because these are what you are entitled to due to your injuries. Your recoverable damages can include, but are not limited to:
While you may know that the other driver was negligent, that is not enough. Your attorney must prove negligence by submitting evidence that establishes that the other driver was responsible for the accident.
In a court of law, this is referred to as “proximate cause,” and means that the victim must show the court that the other driver’s negligence led to the accident and injuries. You must have proof he was texting, or at least be able to convince the court that the driver was texting while driving.
While you might not have all these types of evidence at your disposal, the more you have, the better the chances are for your case.
You may wonder if you need an attorney to prove your case or even file a claim. While you might succeed in receiving a settlement, most likely the settlement you receive from the insurance company will be grossly inadequate to cover your expenses.
Instead, you need to speak with an attorney to at least explore your options. For your injury case, talk to an attorney from Malman Law. Schedule your consultation now by calling 888-625-6265, or request your appointment online.
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- Britany Weaver
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I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
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Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
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I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
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Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
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Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
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Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
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Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
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I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
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A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
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Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
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Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
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Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
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Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
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I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
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My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim