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What Do I Do if I'm Injured in a Texting-and-Driving Accident?

Web Admin - Saturday, October 05, 2013

What Do I Do if I'm Injured in a Texting-and-Driving Accident?

A car accident of any type can be traumatic regardless of who is at fault. In Illinois, there are some important steps to take to make sure you follow the legal and responsible measures after an auto accident, especially a texting-while-driving collision. If you have been injured in a distracted driving accident, state laws protect your safety. A knowledgeable Illinois personal injury attorney can help you obtain the compensation you deserve.

After the Car Accident

First, make sure that you do not need immediate medical care. If you do, call 9-1-1 and wait for an ambulance. If you only have slight pains, it is still crucial to see a doctor. If you do not seek medical attention after an accident, you may not be able to receive coverage for future health care costs.

Second, if you are safely able to, gather as much information as you can on the scene. Make contact with the other driver and write down everything, such as their insurance provider, policy number, license plate number, and driver’s license number. Also, take pictures of both vehicles and your injuries on your cell phone.

Next, contact your insurance agency and report the accident. Some providers require you report an accident within a certain period of time, so make sure to contact them as soon as possible. If law enforcement responded to the accident, you can request and send a copy of the police report.

Finally, seek out a committed personal injury lawyer with experience in Illinois traffic accidents. A knowledgeable attorney will successfully represent you by seeking positive results for your car accident case.

Texting-While-Driving Laws in Illinois

Under certain circumstances, if a driver hits you while texting and driving, it is against Illinois law. According to Distraction.gov, the U.S. Government website for distracted driving, the cell phone driving laws for Illinois are:

  1. Ban on all cell phone use (handheld and hands-free) for bus drivers (primary law)
  2. Ban on all cell phone use (handheld and hands-free) for novice drivers under the age of 19 (primary law)
  3. Ban on texting for all drivers (primary law)
  4. Ban on handheld cell phone use while driving in school or highway construction zone

Generally, handheld and hands-free devices are permitted in Illinois, except while texting. In Chicago, however, all handheld devices are banned while driving. Since the Illinois cell phone driving laws are considered “primary” ones, a police officer can pull you over for the offense without witnessing another violation (as opposed to secondary laws which only allow an officer to pull you over after witnessing another violation).

If you have been injured in a texting-while-driving car accident, contact an experienced Illinois personal injury law firm. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC, are committed to serving clients throughout Cook, DuPage, McHenry, Lake and Will Counties. Contact DGAA online or call the Chicago and Palatine offices at 847-934-6000.


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