Unfortunately, there are times when drivers get distracted and lose focus to the point where they cause accidents that result in injuries and property damage. If you’re injured in an accident caused by a distracted driver, get legal help. Speak with a distracted driving accident lawyer in Naperville, and they can start building your case for compensatory damages.
Postman Law has obtained over $3 billion for our clients. If you are interested in filing a distracted driving accident claim or lawsuit, we encourage you to reach out. A car accident lawyer in Naperville from our team can help you prove you deserve damages. To learn more, request a free case review.
Why Today Is the Day to File a Distracted Driving Accident Claim in Naperville, Illinois
File a claim to pursue compensation for your distracted driving accident losses from a liable party’s insurance company. A distracted driving accident attorney in Naperville can assist you with your claim.
Your personal injury lawyer in Naperville can help you file your claim and negotiate with an insurance company on your behalf. If any settlement offers are made, you’ll be able to review them with your attorney.
As you get ready to file a claim for an accident that occurs due to another motorist’s decision to engage in distracted driving, get help from the team at Postman Law. Our attorneys will remain on your side at each stage of the insurance claims process. Contact us today for more information.
For a free legal consultation with a distracted driving accident lawyer serving Naperville, call 844-767-8626
Problems That Can Come Up After You File a Claim for a Distracted Driving Accident
It’s often beneficial to get a lawyer for a car accident that wasn’t your fault, particularly if you’re involved in a distracted driving crash claim. Your Naperville distracted driving accident lawyer can gather evidence to support your compensation request. Along with this, your attorney can go back and forth with a liable party’s insurer to get you a fair settlement.
Even if you feel your claim is valid, an at-fault party’s insurer can contest it. Or, the insurance company can offer a settlement covering only a fraction of your accident losses. Therefore, if you don’t get a settlement you feel is sufficient, your attorney may advise you to sue for compensatory damages in alignment with the car accident statute of limitations in Illinois.
Per 735 Illinois Compiled Statutes (ILCS) 5/13-202, if you’ve been injured in an accident with a distracted driver and want to sue, you generally have two years to file your lawsuit, although various exceptions can apply. Beyond this time frame, you can lose the right to sue at a later date.
Naperville Distracted Driving Accident Lawyer Near Me 844-767-8626
Compensation That You Can Get in a Distracted Driving Collision Case
The compensation you can get in a distracted driving collision case is dependent on your losses. Your car accident attorney can assess your losses and estimate your case’s value. They want you to recover economic and non-economic damages, such as:
- Car repair expenses
- Medical expenses
- Lost wages
- Decreased earning capacity
- Pain and suffering
- Loss of enjoyment of life
In terms of how long a car accident settlement can take, the timeline can vary based on your case’s complexity. Your attorney wants you to be compensated for your tangible and intangible accident losses. They can negotiate a settlement with the liable party or their insurer on your behalf. At the same time, they are unafraid to present your case for damages to a judge or jury.
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How Our Distracted Driving Accident Lawyers in Naperville Prove a Driver Was Distracted
Your personal injury attorney can collect evidence that highlights how the other motorist involved in your car accident was eating, texting, or doing other things that represent distracted driving. Proof that your lawyer can utilize in your argument includes:
- A driver’s cell phone records
- Vehicle infotainment data
- Event data recorder (EDR) data
- Photos of skid marks and other aspects of the accident scene
- Traffic camera footage of your accident
- Witness statements
- Police reports
Outside of these forms of evidence, your attorney can incorporate your medical bills, pay stubs, and other financial documents into your argument. This can help your lawyer show that the other driver was negligent and should be held liable for your accident losses.
What Negligence Means in a Distracted Driving Crash Case
Distracted driving is considered negligence. If your case reaches trial, your lawyer can explain to the court how the defendant was driving while distracted, which represents a violation of their duty of care to you. They can also detail how this breach of duty caused your accident, injuries, and damages.
To highlight negligence, your lawyer can provide the court with a timeline of your accident. In addition, they can describe how the defendant’s actions were reckless and that, had they been avoided, your accident wouldn’t have occurred.
According to 735 ILCS 5/2-1116, modified comparative negligence applies to personal injury lawsuits, including those against distracted drivers. If you are 50% or less liable for your accident with a distracted driver, your damages can be reduced by your degree of fault. Alternatively, if you’re 51% or more to blame, you cannot recover damages.
How to File a Wrongful Death Distracted Driving Accident Lawsuit
Sadly, a distracted driving accident can be fatal. If you have lost a family member in a fatal car accident caused by a distracted motorist, filing a wrongful death lawsuit is unlikely to be an immediate consideration. Yet it may still benefit you and your family now and in the future.
A wrongful death lawyer values empathy and compassion. They can give you information about Illinois’ Wrongful Death Act and whether you are eligible to file a lawsuit following the death of a family member in a distracted driving accident.
If you file a wrongful death lawsuit, your attorney can request compensation for your loved one’s burial and funeral expenses, loss of income, and other losses. They can recover damages through settlement negotiations or litigation.
We Have Served 1.4 Million Clients
Let a Naperville distracted driving accident attorney from Postman Law represent and advocate for you as part of a claim or lawsuit.
We want to fight passionately for you and position you to obtain compensatory damages. To find out more, schedule a free case review.