Danville Distracted Driving Accident Lawyer
Most people multitask throughout the day, whether they are at work or home. So, they falsely believe they can also multitask behind the wheel. These individuals ignore the fact that operating a large, fast-moving motor vehicle in a constantly-changing environment requires much more concentration than typing on a keyboard or sitting in a meeting. Because of this willful blindness, distracted drivers cause about 300,000 crashes every year.
In contrast, the dedicated Danville distracted driving accident lawyers at Patel Law never take shortcuts and never break concentration. Instead of looking for the easy way out, we thoroughly review your case and collect evidence that supports your claims and refutes insurance company defenses. Throughout the process, we never lose sight of the ultimate goal, which is maximum compensation for your serious injuries.
Ordinary Negligence
Negligence is a lack of care. The duty of care, which applies to all Illinois drivers, requires motorists to drive defensively at all times. This duty also requires motorists to focus on driving. So, it’s impossible to multitask and safely and legally operate a motor vehicle.
We deal with the duty of care every day. If Tom hits his neighbor’s mailbox when he backs out of his driveway, he should pay compensation (replace the mailbox). If Tom hits his neighbor’s vehicle and seriously injures him, Tom should likewise pay compensation. This time, the compensation includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. The compensation is higher because a person is infinitely more important than a mailbox.
Compensation is available if the tortfeasor’s (negligent driver’s) conduct fell below the standard of care. Technically, if Tom adjusts the air conditioner while driving, that’s distracted driving. However, most Vermilion County jurors don’t consider such behavior a breach of duty, or a lack of care.
The ordinary negligence doctrine usually applies to non-device distraction cases, like drinking or eating while driving. Danville distracted driving accident lawyers also use this doctrine in hands-free device distraction claims. Contrary to popular myth, hands-free devices aren’t risk-free. In fact, these gadgets are so distracting that using one while driving is the equivalent of driving drunk in terms of risk.
Negligence Per Se
This principle, which involves the violation of a safety law, is rather common in Illinois car crash cases. The Prairie State has one of the broadest hands-free laws in the country. It’s usually illegal for motorists to hold and use any device while they are behind the wheel.
These citations are often difficult to prove in criminal court. Prosecutors must prove that the defendant was holding and using the phone at the same time.
Civil claims don’t have these proof problems. The burden of proof is only a preponderance of the evidence, meaning the claim is more likely true than not. More to the point, a civil jury decides all the facts in a civil case. That authority includes determining if a driver was guilty or not guilty of a safety law violation. If a violation occurred, and an emergency responder issued a ticket, the tortfeasor could be responsible for damages as a matter of law.
Connect With a Thorough Vermilion County Lawyer
Injury victims are often entitled to substantial compensation. For a free consultation with an experienced distracted driver accident attorney in Danville, contact Patel Law, P.C. We do not charge upfront legal fees in these matters.
