Distracted Driving Accidents
Every driver owes a duty of care to others on the road. That responsibility includes paying attention to traffic signals, road conditions, and traffic flow. When a driver takes his or her eyes off the road to send an email or text, that duty is compromised.
State lawmakers have also taken notice of the dangerous distraction posed by cellphones. Illinois law bans texting for all drivers and severely restricts the use of handheld cellphones. Unfortunately, cellphones continue a role in an alarming number of motor vehicle crashes.
Gathering Evidence to Prove Distraction
If a distracted driver injured you, the issue of fault may seem apparent. Yet the process of gathering the evidence needed to prove negligence in a court of law requires careful strategy. This is where our work begins.
We have extensive experience with distracted driving claims. Our investigation starts with the police report, which may include statements about cellphone use or identity potential witnesses. We may also subpoena a cellphone carrier for records that will establish that the driver was on the phone at the time of the crash. Certain types of collisions such as rear-end impacts, may also create a greater inference of negligence.
As skilled litigators, we also assess the litigation potential of your claim. Juries are often sympathetic to victims of distracted driving accidents. We use that predisposition for leverage in settlement negotiations. With distracted driving cases, in particular, defense attorneys often seem more open to settling before going to trial.
Finally, even when the issue of liability seems fairly established, it is important not to forget about the damages portion of your distracted driving claim. We will work with your doctors to prepare an accurate estimate of your health, including any long-term care needs, reduced earning potential, and pain and suffering.
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