Editorial Details
This page was written and legally reviewed by Horwitz, Horwitz & Associates' team of Illinois Board Certified Civil Trial Lawyers.

Any activity a driver engages in other than operating a motor vehicle takes their attention from the road, leading to distracted driving. Distractions may lead to slower response times or a driver’s inability to notice changes in traffic patterns, signals, or errors in their driving behavior.

Certain everyday activities become illegal when they impair a driver’s ability to operate an automobile safely. Contact Horwitz, Horwitz & Associates to speak with an Aurora car accident lawyer if you or someone you care for suffers damages in a distracted driving accident. Distracted driving is a form of negligence, and we are ready to discuss why filing a car accident claim may be necessary for your recovery.

aurora distracted driving accident lawyer

Why should I contact an Aurora distracted driving accident lawyer after a car crash?

An injured driver is responsible for proving negligence in a distracted driving accident. An Aurora distracted driving accident lawyer may use the following information to prove your accident resulted from negligence:

  • Police report: An accident report may record a detailed account of law enforcement’s observations. Citations for cell phone use may also be requested.
  • Cell phone records: A subpoena for cell phone records can provide the exact date and times a cell phone is used, including during a distracted driving accident. A distracted driving accident lawyer will take appropriate legal steps to acquire this information.
  • Vehicle Information: Many automobiles contain onboard equipment that monitors a driver’s actions, including cell phone and device connections and their use. Recorded automobile data may also include the driver’s speed, brake use, airbag deployment, and throttle position moments before the accident.
  • Social media use: Posts, likes, and messages on social media platforms can provide evidence of negligence in a car accident in Aurora.
  • Accident reconstructionist reports: A reconstructionist can produce compelling models of the accident events to prove negligence in a case.
  • Surveillance camera footage: A subpoena may be necessary to secure video footage of an accident and a driver’s actions. Most video footage is destroyed within a specific time frame, requiring a distracted driving lawyer in Aurora to act quickly.
  • Eyewitness testimony: Other motorists or pedestrians may witness a driver’s distraction behind the wheel, causing your injuries.

Receipts from fast-food stops, cosmetics strewn in a vehicle, and even opened mail may demonstrate a driver was distracted while driving. Evidence collection can be complex. Taking the proper steps to acquire information about the cause of the accident is crucial and most often requires legal resources.

Why Choose Horwitz, Horwitz & Associates?

Horwitz, Horwitz & Associates has a passion for helping hard-working people. We have witnessed the devastation caused by distracted driving accidents. We strive to protect your future by ensuring the damages you suffer in an accident are covered by the compensation that may be available, meaning we are willing to fight for you. An Aurora car accident lawyer with Horwitz, Horwitz & Associates can:

  • Explain the personal injury process and answer your questions
  • Immediately begin securing the information to support your claim
  • Negotiate with the insurance company to protect your best interests
  • Thoroughly evaluate your damages
  • Negotiate a fair settlement with the insurance company
  • Take your case to court when negotiations fail to produce fair compensation

Our firm has 350 years of combined experience and is recognized for our achievements in Illinois. We have experience with complex cases and are known for our willingness to see a case through in court and get the case results our clients deserve.

What are the common causes of distracted driving?

Many drivers are distracted in their daily commutes. Aurora drivers owe a duty of care to other commuters to avoid hazardous events. Common causes of distracted driving include:

  • Cell phone use, including texting and browsing
  • Eating
  • Programming or monitoring a GPS device
  • Talking with passengers
  • Transporting pets
  • Searching for music
  • Applying cosmetics or shaving
  • Mental distractions

Cell phones have become a significant distraction on the highway. Under Illinois Law, using hand-held devices for phone calls, texting, or other activities while driving is illegal. Drivers failing to give their full attention to operating a vehicle and causing harm to another person have breached the duty of care they owe, resulting in negligence.

aurora distracted driving accident attorney

Can I receive compensation for my injuries in a distracted driving accident in Aurora?

An Aurora distracted driving lawyer will talk with you to determine the extent of the damages you have experienced. We will also assess any future damages you may be facing. You may be compensated for the following:

  • Medical expenses
  • Medication costs
  • Future medical care, therapies, and rehabilitative services
  • Lost income, including bonuses
  • Travel expenses
  • Home modifications and medical equipment rental or purchases
  • Pain and suffering
  • Lost earning capacity

When a distracted driving accident impacts your ability to work and enjoy life, we will demand the compensation you need to protect your future. Other damages may apply to your situation. Schedule a consultation today for a full case review.

How much compensation is available to me in an Aurora distracted driving accident?

The compensation you receive is directly impacted by the losses you have experienced. While we cannot guarantee a specific amount, we commit to working to secure the highest compensation available in your case. We will discuss how to obtain a cash settlement for your insurance claim and what it means to pursue a case in court.

Must I go to court to settle my claim?

We strive to negotiate a fair settlement with the insurance company. However, if you reject an insurance settlement offer, we will not hesitate to take on the insurance company for you in court when substantial evidence supports your case. We provide clients with the information they need to make the right decision for their needs. We will remain open to negotiations while keeping your best interests at the forefront.

How long do I have to file an Aurora distracted driving claim?

An Illinois personal injury claim must be filed within two years of the date of the accident. However, exceptions to this rule may apply to your case, and extended deadlines may be available. We encourage any party injured in a distracted driving accident to contact us as soon as possible to prevent the risk of losing your right to compensation.

What should I do if a distracted driver in Aurora injures me?

Your safety and care are a priority after a car accident. Take these steps following a car accident in Aurora:

  • Call 911
  • Speak with law enforcement about notable distracted driving behaviors
  •  Let medical responders assess you for injuries and treat you

Take these additional steps only if you are capable. Never risk further damage to your health.

  • Get the contact and insurance information from drivers involved in the accident
  • Take pictures to document the accident
  • Gather eyewitness contact information
  • Schedule an appointment with your doctor for a medical assessment
  • Contact an Aurora distracted driving accident lawyer

It is also vital to be aware of these common mistakes to avoid after a car accident. The insurance company can use your actions following a car accident to reduce your compensation.

What does it cost to work with an Aurora distracted driving accident lawyer?

Costs to you begin accumulating as soon as an accident occurs. Most injury victims are keenly aware of the price of being injured. The team at Horwitz, Horwitz & Associates also understands that many individuals are concerned about adding to their debt by hiring an Aurora car accident lawyer.

That’s why we begin the process with a free case review. It costs you nothing to learn whether you have a valid claim and what you could do to pursue it. We provide services on a contingency fee basis, allowing you to secure the representation you need without paying up front. We only receive payment if we reach a settlement or secure a successful verdict in your case.

We hope to lessen your stress by placing the workload on us. We are ready and willing to work for you. Hear what our clients have to say about us to understand why we should be your choice when you need the assistance of an Aurora car accident lawyer.

Who is impacted by distracted driving in Aurora?

Distracted driving impacts more than just other drivers. Aurora’s most vulnerable commuters may suffer the most significant injuries when a driver acts negligently behind the wheel. Victims in the following categories are more likely to suffer catastrophic injuries:

  • Pedestrian
  • Bicycle rider
  • Motorcyclist

The lack of protection these commuters possess can impact the severity and the type of injuries suffered. They may require greater amounts of compensation to provide a comfortable recovery.

Is distracted driving a significant issue in Aurora?

Every Aurora commuter may encounter a distracted driver. Information published by the Illinois State Police stresses the significant impact distracted driving has on a person’s ability to function and the economic impact of these accidents. According to their published information:

  • Using a cell phone while driving increases the chances of a crash by 400%.
  • A driver is 23 times more likely to crash when texting and driving.
  • The annual economic impact of distracted driving in North America is approximately $40 billion.
  • Approximately half a million injuries result from distracted driving in the US.
  • Nearly 6,000 people a year die from distracted driving.

Other behaviors that cause distractions while driving include:

  • Arguing with passengers
  • Eating or drinking
  • Changing music on the radio or your phone
  • Performing personal grooming and hygiene activities
  • Putting in or removing contact lenses
  • Reaching for items in the back seat, floorboard, or dash

What’s the best way to talk to an Aurora distracted driving accident lawyer?

We provide multiple ways of contacting us at your convenience. Schedule a free consultation online or call (800) 985-1819. Horwitz, Horwitz & Associates will sort through the complexities surrounding a distracted driving case to understand its impact on your life. We believe in your right to financial recovery for damages in a distracted driving accident.