In many ways, mobile phones have made motor vehicle travel safer. Mobile devices can provide navigation assistance and allow drivers to call for emergency support right from the scene of a collision. Drivers can take pictures of the crash scene and submit information to their insurance provider within minutes.
However, mobile phones also affect the focus of the people operating vehicles. Distracted driving is now one of the top causes of preventable collisions. While Illinois is one of the many states that has a law prohibiting the manual use of a cell phone while driving, it is still quite common for people to engage with their phones instead of staying focused on the road.
How do you pursue justice when you are in a crash that you believe was caused by mobile phone distraction?
Speak up about your concerns
When police officers arrive at the scene of the crash, it is their job to look into the situation and write up a report that describes what happened. Informing them of your suspicion that the other driver texted while driving could help them in their investigation.
They could potentially find traffic or security camera footage from nearby businesses that shows the other driver with their phone in their hands. Police officers can also potentially request phone and app company records that will show someone used their device immediately prior to the wreck.
Bring an insurance or personal injury claim
Given that distracted driving is a form of misconduct, it opens the other driver up to liability for the crash. You potentially file a claim against their insurance coverage for your property damage losses and any costs you have related to your injuries.
If they don’t have insurance or if your costs are beyond what their insurance can pay, then you may need to take them to civil court. Breaking traffic laws is one possible reason that a driver could face a personal injury lawsuit under Illinois state law. Obvious negligence is another reason for a lawsuit, and you can very easily argue that texting while driving is negligent as well as being illegal.
Knowing how to hold someone accountable after a motor vehicle collision will make it easier for you to secure justice for a crash.