man on his phone while driving

How to Prove Distracted Driving in Your Car Accident Claim

By Pasha Vaziri
Attorney At Law

Each year, thousands of people are killed — and many more are seriously injured — in car accidents caused by distracted driving. Under Illinois’ law, distracted drivers can be criminally charged for their negligence and sued in civil court for the injuries they cause. 

Proving that the driver who caused an accident was distracted at the time of the crash can maximize the amount of money an injured party can get. This is why it is important to work with an experienced personal injury firm like Vaziri Law LLC.

What Is Distracted Driving?

Under Illinois law, distracted driving is any activity that has the potential to distract a motorist from the primary task of safely operating a vehicle. There are three main types of distracted driving:

  • Visual – taking your eyes off the road.
  • Manual – taking your hands off the wheel.
  • Cognitive – taking your mind off what you are doing.

Some specific examples of distracted driving that the Illinois State Police have cited people for include:

  • Shaving 
  • Texting or emailing
  • Reading or writing
  • Tuning the radio
  • Putting on makeup
  • Eating, drinking, or smoking
  • Talking on the cell phone
  • Combing or brushing your hair
  • Filing, clipping, or polishing your nails
  • Arguing with another passenger
  • Reaching for the glove compartment
  • Breaking up fights between your kids
  • Putting in contact lenses or using eye drops
  • Picking something up from the floor or between the seats

Vaziri Law LLC has represented many Chicago area residents who would not have been injured or may have been injured less severely, if the other driver had not been doing one of the distracting tasks above. 

Proving the Other Driver was Distracted 

Vaziri Law LLC’s experienced team knows how to gather the evidence that proves distracted driving played a role in an accident. 

We start by getting the police report prepared at the time of the accident. This typically includes the officer’s observations about the accident and may even include information about in-car distractions.

If necessary, our team will also interview witnesses who saw the accident occur and seek video footage of the accident. It may also be possible to get ahold of cell phone records that show the driver was using their phone at the time of the crash. 

This evidence is critical to show fault if the case goes to trial, but it is also an important negotiating tool. Many cases settle before the parties ever set foot in court, and solid evidence that the driver was distracted can force the responsible parties to open their pocketbooks. 

Fueled by Passion. Built on Trust. 

Vaziri Law LLC is here to help Chicagoans who are injured in car accidents caused by distracted drivers get the compensation they deserve. We are ready to hold irresponsible parties accountable for their actions and make our roads safer for everyone. Please contact us today to schedule a consultation.

About the Author
Attorney Pasha Vaziri received his Juris Doctor from The John Marshall Law School in Chicago and focuses on personal injury and insurance law cases for clients in the Chicago area. Pasha founded Vaziri Law LLC in 2014 with a focus on the following practice areas: business litigation, class and collective actions, employment litigation, and injury litigation. As an attorney, he strives to achieve your objectives as efficiently as possible. If you have any questions about this article, you can contact Mr. Vaziri through our contact page.