According to the Centers for Disease Control and Prevention, distracted driving kills thousands of people and injures hundreds of thousands more each year in the United States. Although distracted driving has been illegal in Illinois for decades, in 2014, the state updated its laws to provide specific penalties for distractions involving mobile phones and other electronic devices. Of course, these offenses result in fines, driver’s license suspensions, and sometimes jail time. However, civil compensation kicks in when a traffic accident is caused by distracted driving. In other words, you can sue someone for causing an accident that injures you through distracted driving, and you can also file an insurance claim if the driver carries liability insurance.
If someone injures you through negligent conduct, you are generally entitled to full monetary compensation. Not all “negligent” conduct is illegal, however, and some illegal conduct (such as distracted driving) may or may not be considered negligent under the particular circumstances of the accident. It can get complicated, and that is where Malman Law can help.
Winning a personal injury claim is not like winning in small claims court. On the contrary, winning a personal injury claim at trial requires a strong command of the complex rules of procedure and evidence. Even negotiating a private settlement can be surprisingly tricky. Here are some of the ways we can help:
“This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!” – Cheryl Wagemann “Two 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.” – Malman Law Client.
Selfies While Driving: Taking “selfies” at the wheel with a handheld device is illegal in Illinois and can result in a civil lawsuit if an accident is caused that way. Even if the other driver caused the accident, your compensation could be reduced if taking a selfie contributed to the accident.
Driving While on Bluetooth: Using a hands-free Bluetooth device while driving might seem like a safe activity. Indeed, there is no specific legal prohibition against it as long as you are at least 19. If a driver injures you that way, however, winning a personal injury lawsuit against him is still possible.
Talking on the Phone While Driving: Chatting on the phone behind the wheel is deceptively dangerous, even if you are using a hands-free device — in fact, it is generally thought to be more dangerous than drunk driving. If an accident results, it can be used as the basis for a negligence claim against the driver.
Arguing While Driving: Would you rather share the road with a drunk driver or a driver engaged in a heated argument? Statistically, you’d be safer with a drunk driver. Arguing while driving can easily be characterized as negligence, regardless of whether the argument occurs on the phone or in person.
Personal Injury: “Personal injury” is a catch-all term that covers any injury you might have suffered that was caused by someone else’s wrongful conduct. At Malman Law, we practice personal injury law and only personal injury law. Keep in mind that “wrongful” can not only mean “careless” (negligent). It can also refer to reckless or intentional misconduct (a beating, for example).
Vehicle Accidents: Over 30,000 people are killed on U.S. roads yearly, and over two million are seriously injured. Many of these deaths and injuries were attributable not to the victims themselves but to someone else’s wrongful behavior. Because of this, vehicle accident claims are among the most common of all personal injury claims.
Wrongful Death: Any personal injury claim can become a wrongful death claim if the victim dies from the injury. The Illinois legislature has enacted a wrongful death statute to deal with compensation claims, and damages are typically paid to close relatives and the victim’s probate estate.
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