970 McHenry Avenue, Crystal Lake, IL 60014
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn

Texting While Driving Causes Injury and Death

Posted on in Car Accidents

texting while driving, Crystal Lake Personal Injury AttorneysThe Centers For Disease Control and Prevention estimates that nine people are killed daily as a result of distracted drivers, and thousands of others injured. The types of distractions that cause these deaths and accidents are summarized as visual, manual, or cognitive.

A driver can be distracted while driving due to driving while eating, changing stations on the radio, applying makeup, and using a cell phone. Distracted drivers can cause accidents and injuries to drivers, cyclists, and even pedestrians.

Text messaging often meets the definition of distraction under each category—when most people manually compose and send a text message while driving, their eyes are often off the road, as are their minds and at least one hand. Texting and driving is not limited to teens either, as more and more adults are engaging in the same behavior.

Hands-free devices are a better option than actually holding a phone and texting while driving, but even with the use of hands-free devices, texting may lead to accidents if a driver is too distracted when trying to compose a text or read or listen to one.

Texting and driving is a traffic violation in many states, including Illinois, where a driver who drives with a cell phone in his or her hand can receive a traffic citation. Drivers are allowed to use hands-free devices. Some companies have taken steps to ensure that their employees are driving safely by instituting personnel rules that prohibit employees from using their cell phones while driving company vehicles.

When a driver causes an accident that results in injuries or even death because he or she was driving while texting, or even calling on a cell phone, the injured party or survivors of a deceased person can sue the driver to seek compensation for his or her injuries. If a driver is driving a company car on company business, then his or her employer may also be liable for the driver's negligent driving.

In some cases, in addition to seeking recovery for the medical costs, property damage, or the cost of loss of income, a plaintiff may ask a jury to award punitive damages against the driver to ensure the driver learns a lesson about his or her conduct. Punitive damages are awarded in cases where the defendant's conduct is so egregious that the judge or jury wishes to send a message to both the defendant and others in society not to engage in similar conduct.

Contact an Experienced Personal Injury Attorney

If you or a loved one was injured due to the negligence of another person, you should contact an experienced personal injury attorney to fight for you while you recover. Contact the experienced Crystal Lake personal injury attorneys at Botto Gilbert Lancaster, PC for a free consultation. We are available to meet with you at home if you are unable to travel.

Sources:

http://www.cdc.gov/Motorvehiclesafety/Distracted_Driving/index.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-610.2
Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top