Kankakee Attorneys for Pedestrian Accidents Due to Distracted Driving
In 2019, distracted driving killed 3,142 people. Given that a large majority of drivers believe that distracted driving is very dangerous, it’s surprising that, in a recent survey, 49 percent of drivers reported talking on a handheld phone while driving and 35 percent reported sending texts or emails.
If you have been injured in a pedestrian accident caused by distracted driving, you have the right to claim compensation for your losses. A Kankakee pedestrian accident lawyer can help you prove that the accident was caused by distracted driving so that the negligent driver can be held responsible for their actions.
At Spiros Law, P.C., we have been successfully fighting for justice for pedestrian accident victims since 2005. Our team of experienced and compassionate lawyers understands the physical, emotional, and financial stress that a pedestrian accident can cause to a victim and their family. Allow us to take on the legal battle for you so that you can focus on your recovery. There is a time limit for making a claim, so don’t delay. Chat live, fill in our contact form, or call us at (815) 929-9292 today to schedule your free consultation.
What Is Distracted Driving?
Responsible driving requires a driver’s full attention. Distracted driving is any activity a driver engages in that may take their attention away from driving. There are four types of distractions that take a driver’s attention away from the road:
- Visual distractions – cause a driver to look away from the road
- Auditory distractions – cause a driver to focus their attention on something they hear
- Manual distractions – cause a driver to take one or both hands off the steering wheel
- Cognitive distractions – cause a driver to focus their mind on something other than driving
Texting is considered to be the most dangerous form of distracted driving. If driving at 55 mph, a driver who reads or sends a text message takes their eyes off the road for an average of five seconds, which is the equivalent of them driving the length of a football field with their eyes closed.
Some other common forms of distracted driving include:
- Talking on a handheld phone
- Operating a car’s entertainment or navigation system
- Reaching for something on the passenger side or in the backseat of the vehicle
- Eating or drinking
- Looking at yourself in the mirror
- Looking at an accident on the road (rubbernecking)
- Talking to, or turning to look at, passengers in the vehicle
What Types of Evidence Are Required for Distracted Driving Cases?
Anyone who holds a driver’s license is legally required to obey traffic laws and drive responsibly. Distracted driving is therefore considered to be driver negligence and, once proven, can be the basis for a personal injury claim or lawsuit.
After an accident, a Kankakee personal injury lawyer can help you collect the evidence you need to prove the driver’s negligence. This may include:
- Photographs or videos of the accident scene, your injuries, and damage to property
- Written statements completed by drivers involved and witnesses
- Traffic accident reports
- GPS records showing a vehicle’s location at the time of the accident
- Cell phone records indicating the driver used their cell phone while driving
What Types of Compensation are Victims of Distracted Driving Entitled to?
In Illinois, all drivers are required by law to have liability insurance. As a victim of a distracted driving accident, you have the right to file a claim with the driver’s insurance company so that they can compensate you for your losses. These may include:
- Medical bills for all medical treatment required for your injuries
- Any other expenses incurred as a result of the accident, such as travel expenses required for medical appointments
- Lost wages for time taken off work to recover
- Lost earning potential that may occur if you are unable to return to work or to your previous job role
- Pain and suffering you endured as a result of the accident and your injuries
The insurance company will investigate the details of the accident and your injuries to determine a settlement amount. They will consider factors such as:
- The severity of your injuries
- The type and duration of medical treatment required
- Any long-term disability or disfigurement caused by the accident
- The impact of the injury on your ability to work and your daily routine
- Total expenses incurred as a result of the accident
- Proof of distracted driving and driver negligence
In most cases, insurance companies want to settle a claim as quickly and cheaply as possible. A Spiros Law, P.C. attorney can help you decide whether the settlement amount offered to you is fair and adequate. If not, we can guide you through the process of filing a lawsuit against the negligent driver and their insurance company to help you obtain the compensation amount you deserve.
How Can a Personal Injury Lawyer Help Me?
If you have been the victim of distracted driving, it’s likely that you’re not only dealing with pain, injuries, and medical appointments but also facing a great deal of shock and emotional stress. Add to that the interruption to your daily routine and the impact it’s having on your family, and all of a sudden your life has been turned upside down.
The most important thing you can do right now is to focus on your physical and emotional recovery. Don’t add to your burden by trying to handle complex insurance claims and legal processes on your own. You need dedicated, local personal injury attorneys on your side who can gather evidence, deal with insurance companies, and file a claim on your behalf.
Through over 16 years of experience in handling distracted driving cases, the compassionate attorneys of Spiros Law, P.C. have seen how crippling a pedestrian accident can be to a victim. Our lawyers are here to support and guide you through this complicated process. We will work diligently and negotiate aggressively to obtain fair and adequate compensation for your losses. There may be a time limit for filing an insurance claim, and there definitely is a time limit for filing a lawsuit so don’t delay. Chat live, fill in our contact form, or call us at (815) 929-9292 today to schedule your free consultation.