Chicago Distracted Driving Accident Lawyer
When a distracted driver causes an accident, the impact on your life can be overwhelming—medical expenses pile up, work becomes impossible, and the road to recovery feels uncertain. At Ankin Law, we refuse half-hearted settlement offers, and we don’t let insurers blame victims for someone else’s negligence. Our skilled Chicago distracted accident driving lawyers stand up to insurance companies to get you the compensation you need to reach a full recovery.
If you’ve been hurt because another driver wasn’t paying attention, you shouldn’t settle for less than what’s fair. We’ll investigate your case, gather the evidence, and negotiate for maximum compensation on your behalf. You focus on getting better—we’ll take care of the legal battle.
Our consultations are completely free, and we only get paid if you win. At Ankin Law, your case isn’t just another file—it’s personal. Let’s work together to secure your future.
Call Ankin Law for Your Car Accident Case
With more than 100 years of combined legal experience and strong ties to the Chicago community, Ankin Law knows what it takes to win. We’ve helped clients across Illinois recover hundreds of millions in injury settlements—and we’re prepared to fight for every dollar you deserve.
- You’ll have access to legal support around the clock.
- There are zero upfront costs.
- You don’t pay us a cent unless we win your case.
Call (312) 600-0000 to schedule your FREE consultation with a distracted driving attorney at Ankin Law.
Table of Contents
What Is Distracted Driving?
Distracted driving is one of the leading causes of serious car accidents in Illinois—and across the United States. It refers to any activity that diverts a driver’s attention away from the road, reducing their ability to react to traffic conditions, obey traffic laws, and operate a vehicle safely. In Illinois, distracted driving is not just dangerous—it’s against the law.
At its core, distracted driving involves any mental, physical, or visual diversion that takes a driver’s focus off driving. While many people associate it with texting or using a smartphone, distractions can come in many forms—including eating, adjusting a GPS, or even talking to passengers. Unfortunately, even a few seconds of distraction can have deadly consequences.
Common Types of Distracted Driving in Chicago
Distractions behind the wheel typically fall into three main categories: visual, manual, and cognitive. Some distractions involve one type, while others—like texting—combine all three, making them especially dangerous.
Visual Distractions
A visual distraction happens when the driver looks away from the road, even momentarily. These distractions can prevent the driver from seeing a stoplight, slowing traffic, a pedestrian, or another vehicle merging into their lane. Common visual distractions include:
- Looking at a smartphone screen
- Reading a text or email
- Viewing a GPS or navigation system
- Looking at a billboard or roadside attraction
- Turning to check on children or pets in the back seat
Visual distractions are particularly dangerous in fast-moving or high-density areas, such as I-290, I-90/94, or Chicago’s downtown streets, where traffic flow can change in an instant.
Manual Distractions
Manual distractions occur when the driver takes one or both hands off the steering wheel. This can interfere with the ability to steer, brake, or control the vehicle during sudden maneuvers. Even simple tasks that only take a few seconds can compromise safety. Examples include:
- Typing a message or dialing a number
- Eating or drinking
- Adjusting the radio or air conditioning
- Grooming, such as brushing hair or applying makeup
- Reaching for something inside the vehicle
Manual distractions often go hand in hand with visual ones, which increases the risk of a serious crash.
Cognitive Distractions
Cognitive distractions involve the driver’s mental focus. A driver may appear to be paying attention—eyes on the road, hands on the wheel—but their mind is somewhere else. Cognitive distractions can delay reaction time and impair judgment, leading to missed turns, late braking, or even running a red light. Common cognitive distractions include:
- Daydreaming
- Talking on a hands-free device
- Worrying or feeling emotional distress
- Getting absorbed in conversations with passengers
- Mentally rehearsing tasks, work, or personal concerns
These distractions are especially dangerous because they’re hard to detect and easy to underestimate.
Multi-Tasking Distractions
Some behaviors fall into all three categories and are widely recognized as the most hazardous. Texting while driving is the most common example. It pulls the driver’s eyes off the road (visual), hands off the wheel (manual), and mind off the task (cognitive). The danger is compounded in urban environments like Chicago, where the margin for error is razor-thin.
Drivers often believe they can multitask without consequence. But the truth is, no one can drive safely while distracted. Even a moment of inattention can lead to irreversible harm.
No matter the type of distraction, Ankin Law will fight to hold the negligent driver accountable for your crash. Call (312) 600-0000.
Illinois Distracted Driving Laws You Should Know
Illinois has strict distracted driving laws in place to protect drivers, passengers, and pedestrians from preventable accidents. It is illegal for drivers to use handheld electronic devices while operating a motor vehicle. This includes texting, emailing, browsing the internet, or talking on the phone without hands-free technology. Even holding your phone at a red light is a violation.
Drivers 19 and older may use hands-free devices, but anything that causes manual, visual, or cognitive distraction can still be considered negligent if it leads to an accident. Drivers under 19, school bus drivers, and commercial vehicle operators are prohibited from using any type of phone or device while driving, regardless of hands-free capability.
Violating these laws can result in fines, license suspension, or worse—especially if the distraction causes a crash resulting in injury or death. For accident victims, a citation for distracted driving can serve as strong evidence of negligence in a personal injury case.
2024 Illinois Distracted Driving Law Update
Who Can Be Held Liable in a Distracted Driving Accident?
In a distracted driving accident, liability typically falls on the driver who was not paying attention to the road—but they’re not always the only party that can be held accountable. In Illinois, multiple individuals or entities may share legal responsibility, depending on the circumstances of the crash.
Most often, the distracted driver is found liable. If they were texting, eating, adjusting a GPS, or otherwise failing to focus on driving, they can be held responsible for injuries or damages they cause. A citation for violating Illinois’ distracted driving laws can serve as key evidence of negligence in a personal injury lawsuit.
If the at-fault driver was operating a company vehicle or performing work-related tasks at the time of the crash, their employer could also be held liable under the legal principle of vicarious liability. This is common in commercial vehicle accidents involving delivery drivers or rideshare operators.
In some cases, the owner of the vehicle (if different from the driver) may bear liability—especially if they knowingly allowed an unlicensed, reckless, or distracted driver to use their vehicle.
Proving Distracted Driving in a Personal Injury Case
Proving that a driver was distracted at the time of a crash is a critical part of building a strong personal injury case. In Illinois, you must establish that the at-fault driver acted negligently—and that their distraction directly caused your injuries. This often requires gathering clear, convincing evidence that goes beyond a simple accusation.
One of the most effective tools in proving distracted driving is cell phone records. These can show whether the driver was texting, calling, or using apps at the time of the collision. In many cases, your attorney can subpoena these records during discovery.
Dashcam footage, surveillance videos, and traffic cameras may also reveal behavior consistent with distraction, such as a driver looking down or failing to brake. Witnesses—including passengers, bystanders, or other drivers—can testify to what they saw leading up to the crash.
Police reports often note whether a driver was cited for distracted driving under Illinois law. An official citation can serve as powerful evidence in settlement negotiations or at trial. In more complex cases, accident reconstruction experts may be used to analyze the crash and determine whether a distraction likely played a role.
How Much Is My Distracted Driving Injury Case Worth?
The value of a distracted driving injury case in Illinois depends on several key factors, and no two cases are exactly alike. While many people want a quick number, the reality is that settlement amounts are based on the unique details of your situation.
One of the most important influences on your case’s value is the severity of your injuries. More serious injuries that require surgery, long-term treatment, or result in permanent impairment typically lead to higher compensation. The length of recovery time and whether you’re able to return to work also play a major role.
Liability is another critical factor. If there’s clear evidence—like phone records or a citation—that proves the other driver was distracted, it strengthens your case. However, if there’s a dispute about who was at fault, that could lower the value or slow the process.
The amount of insurance coverage available also impacts what you can realistically recover. If the at-fault driver has minimal coverage, you may need to pursue compensation through your own underinsured motorist policy.
Lastly, the law firm you choose matters. Insurance companies know which lawyers settle cheap and which ones take cases to trial. At Ankin Law, our reputation for aggressive advocacy and results can put you in a stronger negotiating position from day one.
What Compensation Can You Recover After a Distracted Driving Accident?
If you’ve been injured in a distracted driving accident in Illinois, you may be entitled to several types of compensation—also known as damages—to help you recover physically, financially, and emotionally.
First, you can seek economic damages, which cover your actual financial losses. These may include medical expenses (hospital bills, rehabilitation, prescriptions), lost wages, and loss of future earning potential if your injuries prevent you from returning to work or limit your ability to earn a living long-term.
You may also be eligible for non-economic damages, which compensate you for more personal, subjective losses. These include pain and suffering, emotional distress, loss of enjoyment of life, and in some cases, disfigurement or permanent disability. These damages are especially significant in serious or life-altering accidents.
In rare cases involving gross negligence or reckless behavior, punitive damages may also be awarded. These are meant to punish the at-fault driver and deter similar behavior in the future.
Call Ankin Law to recover maximum compensation for your injuries. (312) 600-0000.
How Ankin Law Maximizes Distracted Driving Accident Settlements in Chicago
At Ankin Law, we combine deep legal knowledge with aggressive advocacy to maximize your settlement after a distracted driving crash in Chicago. From day one, we conduct a comprehensive investigation—examining phone records, eyewitness accounts, and accident reconstruction reports—to establish clear liability. Our attorneys meticulously document every medical expense, lost wage, and pain-and-suffering impact, ensuring no detail is overlooked. We leverage our strong relationships with expert witnesses and our reputation for taking cases to trial to secure top-dollar offers from insurers. With Ankin Law on your side, you gain a dedicated team committed to fighting tirelessly for full compensation.
Let’s Get Started With Your Recovery Today
If you’ve been injured by a distracted driver, don’t wait to protect your rights. The team at Ankin Law is ready to fight for justice. We offer free, no-obligation consultations, and you won’t pay anything unless we win your case. Let us handle the legal battle while you focus on healing. Call Ankin Law today and take the first step toward your recovery and peace of mind. (312) 600-0000.