What Illinois Law Says About Distracted Driving

 Posted on October 27, 2022 in Car Accident

Cell phone use is behind quite a few traffic accidents these days, from minor fender-benders to very serious multi-vehicle pileups. Drivers may be using their cell phones for any number of reasons. They may have received an urgent text from their child’s babysitter, or they may be merely using a navigation app to find their next turn. Regardless of the situation, using a cell phone while driving is dangerous. Drivers cannot pay adequate attention to the road while they are focused on a screen. Aside from being dangerous, using a cell phone while operating a vehicle is also illegal in most cases. This may be important if you have recently been hit and injured by a driver who was on their phone. In Illinois, if it is found that a driver was breaking a statute that is in place for safety reasons and ultimately causes just the kind of harm the law aimed to prevent, they may be automatically considered negligent. 

Thus, if the driver who harmed you can be shown to have been using a phone in the moments leading up to the accident, it may help your case quite a bit. If you have been injured by a distracted driver, an attorney may be able to help you recover compensation. 

Illinois State Law and Cell Phone Use While Driving

Drivers in Illinois are not permitted to use a cell phone while driving, with limited exceptions. Drivers under the age of 19 may not use a mobile device at all while driving, and those 19 and older may use hands-free devices. The only times that a driver in Illinois may use a cell phone that is not hands-free are:

• Emergencies - Drivers may use their phones to notify authorities of an ongoing emergency situation. For example, if a driver witnesses a car accident, they may use their cell phone to call 911. 
• Parked - Illinois drivers have the option of pulling over onto the shoulder if they need to use their cell phones. This is generally the safest option for drivers who must check their phones. 
• Stopped traffic - If traffic is obstructed and the vehicle has been placed in neutral or park, drivers may use their phones. 

In any other situation, drivers who use their cell phones without hands-free technology are likely breaking the law. 

Contact a Cook County Car Accident Lawyer

Adler Law Offices, LTD is committed to helping those who have been injured by distracted drivers. Our experienced Chicago car accident attorneys will strive to ensure that you get the compensation you need and deserve. Call 312-236-2700 for a free consultation. 

Sources:

https://www.ilsos.gov/departments/drivers/traffic_safety/distracted.html

https://www.law.cornell.edu/wex/negligence_per_se