Injured by a Distracted Driver in Illinois? Here’s What the Law Means for Your Case

A distracted driving crash can leave you with injuries and very little clarity about what happened before the impact. Even when distraction seems likely, how do you prove that behavior — and connect it to the crash?

What If I Suspect the Driver That Hit Me Was Distracted?

If you think the other driver was on their phone or might not have been paying attention, trust that instinct. You may be right — and what you do next could determine whether you can prove it.

Distracted driving is not always obvious at the scene. But often, there are signs — both before and after the collision — that point to it. Knowing what to look for and what to do with the information you find matters enormously for your case.

Signs the Driver May Have Been Distracted

Drivers don’t typically get distracted without others around them noticing something is off. Here are some red flags that may indicate the driver was not fully focused on the road before crashing into your vehicle:

You noticed certain behaviors or events:

• Driver on Cellphone: You saw the driver looking at their phone or holding it up to take videos or photos.
• Personal Grooming: The driver was looking in the mirror and doing their hair or makeup.
• Unsafe Actions: You saw the driver turning, looking, and reaching into the back seat.
• In-Car Conversation: Waving arms and looking at a passenger instead of the road.
• Erratic Driving: Vehicle swerving or drifting in and out of a lane
• Inconsistent Speed: Slowing down and then speeding up.

First responders and crash investigators will examine the scene for other evidence to determine what might have caused the crash. A lack of skid marks, for example, may indicate the driver never tried to brake. In the aftermath, a driver might even admit to you or to the police officer that something distracted them.

What to Do If You Suspect Distraction

After a car accident, it can be difficult to focus and think clearly, especially if you were injured. You may be in shock or pumped up with adrenalin and emotion. But it is important to try to remain calm and not react to the situation. Here are some steps you should take without delay:

• Tell the Police Officer: When the officer approaches you for your statement, let them know you believe the driver was distracted and tell them why. Ask that your suspicions be included in the report.
• Write Down What You Remember: You will forget details quickly, so verbally record or write down anything you can recall about what you saw, what the driver said, and the position of their vehicle before impact.
• Get Witness Information: The police will gather names and phone numbers of witnesses at the scene, along with their statements. Be sure to get a copy of the police report as soon as it is available. Your attorney will want to contact them and preserve their memory of the crash while it is still fresh.
• Don’t Confront the Driver: Confronting the driver could lead to a road rage incident and put you in danger. Let the police and investigators examine crash scene evidence and determine what happened.

Do you have questions about what to do next? Not sure how to prove your car accident was caused by a distracted driver? Our car accident lawyers are based in Chicago and have extensive experience managing complex injury cases — including car crashes caused by distracted drivers.

Call Cooney & Conway today at (800) 322-5573
We can take immediate legal steps to preserve critical crash evidence.

Can I Sue a Distracted Driver in Illinois?

Yes — if that driver’s distracted behavior contributed to or caused your crash. As the injured victim seeking compensation, you will need to prove that driver’s negligence directly led to your crash.

In Illinois, distracted driving falls under the legal theory of negligence. To bring a successful claim, your attorney must show four things:

• Duty: Every driver in Illinois has a legal duty to pay attention and drive safely.
• Breach: The distracted driver violated that duty by failing to focus on the road.
• Causation: Their distraction directly caused the crash that injured you.
• Damages: You suffered real, documented harm (including medical costs, lost wages, pain and suffering) as a result.

When all four elements can be established, you have the right to file for damages.

If the driver who caused your crash received a citation for distracted driving, Illinois law goes a step further — they are presumed negligent. This is called negligence per se, and it shifts the burden of proof to them. They must prove they did NOT cause the accident. That is a powerful legal advantage for injured victims.

What If the Insurance Company Says I Could Have Avoided the Accident?

This is one of the most common tactics insurance companies use — trying. to shift the blame for a crash to the injured victim. Do not accept it at face value, but do speak to an attorney. When you have legal representation, your attorney will dispute any fault that has been unfairly or wrongly assessed against you.

You May Still Have a Claim Under Illinois Modified Comparative Negligence Law

Illinois follows a legal rule called modified comparative negligence. Under this rule, you can still recover compensation even if you were partially at fault for the crash — as long as you are not more than 51percent responsible for the crash.

Here is how it works in practice. If an insurance company argues you were 20 percent at fault, your compensation is reduced by 20 percent. So if your damages total $100,000, you would recover $80,000. That is still significant — and far better than walking away with nothing.

Insurance Companies May Try to Shift Blame to You

But here is the risk. Insurance companies don’t have the same goal as you — their primary goal is to protect their company’s interest. As a business, this makes them motivated to pay out as little on a claim as possible. Shifting blame is just one way they try to do this. They may claim you were speeding, following too closely, or not paying attention. Without an experienced attorney, those arguments are more likely to stick.

At Cooney & Conway, we know how insurers build these arguments — and we know how to dispute them. If a distracted driver caused your crash in Chicago, we will work to establish the full picture of what happened and protect the compensation you are owed.

Distracted Driving Laws That May Affect Your Injury Claim in Illinois

Illinois has some of the strictest distracted driving laws in the country. Understanding them matters — because a violation of these laws strengthens your injury claim significantly.

Under 625 ILCS 5/12-610.2, Illinois prohibits drivers from using handheld electronic devices while operating a vehicle. That includes texting, calling, emailing, and browsing — even while stopped at a red light if the vehicle is still in drive.

What Illinois Law Prohibits Drivers Doing

The law covers more than most people realize. As of January 2024, Illinois expanded its distracted driving statute to include:

• Video Conferencing: Platforms like Zoom, Teams, and FaceTime are now banned while driving.
• Social Media While Driving: Scrolling, posting, or viewing any social platform behind the wheel is illegal.
• Watching Videos: Any video content on a handheld device while driving is prohibited.
• Texting and Emailing: Banned since 2010 and still strictly enforced in Chicago and across Illinois.

What About Hands-Free Devices?

Hands-free technology is permitted for drivers 19 and older — but it is not a legal free pass. Illinois law is clear that even hands-free use is a distraction. Drivers under 19 are prohibited from using any phone or device in any mode while driving — no exceptions other than a genuine emergency.

Can I Check My Phone While Stopped at a Red Light?

No. Illinois prohibits texting while driving — even while stopped at a red light. The exception is if you stop somewhere due to an emergency and need to use your phone to get help, such as calling 911 after a car accident. The Illinois Tollway widely promotes the hands-free law — llinois Vehicle Code (625 ILCS 5/12-610.2)

Does It Help My Case If the Driver Got a Ticket?

A citation issued to the distracted driver who hit you is significant evidence. Under Illinois law, that citation triggers negligence per se — meaning the driver is legally presumed to have caused the accident. The burden shifts to them to prove otherwise. That is a meaningful advantage when building your injury claim.

Evidence That Can Help Prove Distracted Driving and Fault

Proving distracted driving requires more than suspicion. It requires evidence — and that evidence has a shelf life. The sooner your attorney begins gathering it, the stronger your case becomes.

Here is what can make the difference in a distracted driving case in Illinois:

• Cell Phone Records: Your attorney can subpoena the at-fault driver’s phone records to show whether they were actively using their device at the time of the crash. Timestamps do not lie.
• Traffic and Surveillance Cameras: Chicago and surrounding areas have extensive camera coverage. Footage from traffic cameras, surveillance cameras on nearby businesses, and dashcams may capture exactly what the driver was doing before impact.
• Police Report: If an officer noted distracted behavior or issued a citation at the scene, that report becomes a critical piece of your claim.
• Witness Statements: Bystanders who saw the driver on their phone or not looking at the road can provide powerful testimony.
• Vehicle Data: Many modern vehicles record speed, braking, and steering data in the moments before a crash. This data could help or hurt your claim — such as showing the driver did not try to brake to avoid the crash.
• Social Media Activity: Timestamped posts, stories, or messages sent around the time of the crash can place a phone in use behind the wheel.

Evidence like this does not wait. Camera footage gets overwritten. Witnesses move on. Phone records require legal action to obtain. The window to act is narrow — and Cooney & Conway knows how to move quickly when it matters most.

Damages You May Be Able to Recover After a Distracted Driving Accident

A distracted driving crash in Chicago can turn your life upside down in an instant. The financial and personal impact can be enormous — and Illinois law recognizes that. You may be entitled to recover more than you realize.

Economic Damages

Economic damages are the tangible, easy-to-prove losses you have suffered:

• Medical Expenses: Emergency care, hospitalization, surgery, physical therapy, ongoing treatment, and future medical costs related to your injuries.
• Lost Wages: Income you lost while recovering — including future earning capacity if your injuries affect your ability to work long-term.
• Property Damage: The cost to repair or replace your vehicle and any personal property damaged in the crash.
• Out-of-Pocket Costs: Transportation to medical appointments, home care assistance, and other expenses directly tied to your recovery.

Be sure to consistently track these costs throughout your recovery — this documentation is critical to securing the full and fair compensation you deserve.

Non-Economic Damages

Non-economic losses are subjective. There is no invoice to clearly define your loss. This makes it harder to put a number on these damages — but they are just as real:

• Pain and Suffering: The physical pain and discomfort caused by your injuries, both now and in the future.
• Emotional Distress: Anxiety, depression, fear of driving, sleep disruption, and trauma following a serious crash are all compensable.
• Loss of Enjoyment of Life: If your injuries have taken away activities, hobbies, or experiences that mattered to you, that loss has value under Illinois law.
• Loss of Consortium: If your injuries have affected your relationship with your spouse or family, your loved ones may also have a claim.

In cases involving particularly reckless behavior — such as a driver who was streaming video or video conferencing at highway speed — Illinois courts may also consider punitive damages. These damages are designed to punish conduct that goes beyond ordinary carelessness.

How Our Chicago Law Firm Helps After a Distracted Driving Crash

When you are injured, the last thing you should be doing is trying to deal with insurance companies, gathering evidence, and learning Illinois law on your own. That is what we are here for.

At Cooney & Conway, we handle injury cases across Chicago and throughout Illinois, including car accidents caused by distracted driving. From the moment you contact us, we get to work — preserving evidence, investigating the crash, and building a claim that reflects the full extent of what you have been through.

We handle every aspect of your case, including:

• A thorough investigation into how the crash happened and who is responsible
• Subpoenaing phone records, securing camera footage, and interviewing witnesses
• Communicating directly with insurance companies so you do not have to
• Calculating the full value of your damages — including future costs many victims overlook
• Negotiating aggressively for a settlement that truly compensates you
• Taking your case to trial if the insurance company refuses to be fair

We work on a contingency fee basis. That means you pay nothing unless we recover compensation for you. There is no financial risk in calling us — and there is real risk in waiting.

If a distracted driver caused the Chicago car crash that injured you, contact Cooney & Conway at (800) 322-5573 today. Your consultation is free, but your time to act is limited.

FAQs About Distracted Driving Crashes

Is it illegal to use GPS on my phone while driving in Illinois?

Yes — with an important condition. You may use navigation on your phone only if it is mounted and operating in hands-free mode. Holding your phone to view GPS directions while driving is a violation of Illinois law, even if you are not texting or calling.

What if the distracted driver who hit me in Chicago does not have enough insurance?

This is more common than most people expect. If the at-fault driver is underinsured or uninsured, your own policy’s uninsured/underinsured motorist coverage may apply. There may also be other liable parties — such as an employer if the driver was working at the time. Cooney & Conway will identify every available source of compensation for you.

How long do I have to file a distracted driving injury claim in Illinois?

In most cases, Illinois gives you two years from the date of the accident to file a personal injury lawsuit. This is called the statute of limitations. Missing that deadline typically means losing your right to recover — permanently. Do not wait to get legal advice.

Can I still recover damages in Illinois if I was not wearing a seatbelt?

Possibly — but it depends. Illinois follows modified comparative negligence, meaning your compensation may be reduced if the defense argues your injuries were worsened by not wearing a seatbelt. This does not automatically bar your recovery. An attorney can help you understand how this applies to your specific situation.

What if the distracted driver who hit me in Chicago was working at the time?

If the driver was on the job — making deliveries, driving a company vehicle, or performing work-related tasks — their employer may share liability for your injuries. This is called vicarious liability, and it can significantly increase the compensation available to you. Cooney & Conway will investigate whether an employer bears responsibility in your case.

Injured by a Distracted Driver? Speak With a Chicago Injury Lawyer Today

A distracted driver’s careless choice can cost you everything — your health, your income, and your sense of safety. You did nothing wrong. And you should not be left to deal with the consequences alone.

Illinois law gives you the right to hold that driver accountable. But that right has limits — on time, on evidence, and on what happens if you try to go it alone against an insurance company.

At Cooney & Conway, we have helped injured people in Chicago and across Illinois recover what they are owed after crashes caused by distracted drivers. We know the law. We know the tactics insurers use. And we know how to build a case that gets results.

Call (800) 322-5573 today. Your consultation is free. There is no fee unless we win. The sooner you call, the sooner we can start protecting your rights.