contact us today! (847) 357-0403

Illinois bans the use of cell phones and other hand-held electronic devices when driving. Cell phone use can be proof of negligence in a car crash, and it is also an easy way to prove distracted driving since phone records reveal whether or not a device was in use.

If you have been injured because someone was texting and driving, you may be entitled to compensation. A compassionate auto crash attorney who understands texting while driving car accidents in Aurora can inform you of your rights.

State Texting While Driving Law

625 Illinois Compiled Statutes 5/12-610.2 prohibits the use of cell phones, tablets, computers, and electronic devices while driving. The law explicitly exempts the use of GPS or other navigation systems that are part of the vehicle. It also permits the hands-free use of electronic devices through Bluetooth and similar wireless systems for adults age 19 and older. Additionally, the state specifically prohibits all cell phone use in construction sites, school zones, and near the scene of an emergency. Causing a collision due to cell phone use is a criminal offense, which can lead to fines and incarceration.

While the state permits people to use hands-free devices, it still recognizes these devices to be a potential distraction. In addition, the following could be distracting sources:

  • Eating or drinking while driving
  • Conversations with passengers
  • Changing radio stations
  • Personal grooming
  • Drowsy driving
  • Reading

It can be more challenging to establish that distracted driving contributed to an accident when the driver was not on the phone or using a hands-free device. However, an Aurora attorney who specializes in texting and driving car wrecks knows how to gather evidence to demonstrate inattentive driving.

The Dangers of Distracted Driving

Distracted driving is dangerous — it contributes to more crashes than driving while intoxicated. It makes you less likely to see other drivers, increases reaction time, and can mean higher speeds at the time of collision, resulting in more severe damage and injuries. To combat those dangers, the state enacted penalties for offenders.

Because the burden of proof in a criminal case is higher, those convictions can be used as evidence in civil cases. An Aurora lawyer could investigate whether the other driver is facing texting while driving charges in relation to the car accident.

Comparative Negligence

Illinois is a comparative negligence state. That means that a person can recover in a lawsuit even if they share responsibility for the incident. Their fault does not bar recovery — it just diminishes recovery amounts.

Many people believe that they cannot recover in a personal injury lawsuit if they were using a cell phone at the time of a car wreck. The use of the cell phone is evidence of negligence but that does not mean a factfinder will determine that person to be primarily at fault. It will depend on the specific facts of an Aurora texting while driving collision, and an attorney could examine the facts and provide an overview of potential remedies.

Learn More About Aurora Texting While Driving Wrecks

The aftermath of a car crash can be intimidating. When the wreck involves criminal law violations, the process becomes more complicated, as the other driver may delay settlement or deny responsibility in an effort to impact their criminal case. However, it can also make it easier to prove negligence. Consult with a lawyer from the Law Offices of R.F. Wittmeyer, Ltd. to find out more about texting while driving car accidents in Aurora.

Contact Us Today