Preventing Distracted Driving Illinois Cell Phone Laws for Motorists

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With these statistics in mind and in the interest of decreasing the number of distracted driver car accidents, many states have begun to enforce laws banning cell phone use while driving. Illinois is among the states that have recognized the danger of cell phone use while driving, particularly when it comes to texting while driving.

Illinois Cell Phone Laws

A new Illinois cell phone law took effect January 1, 2010. The law makes it illegal for a motorist to use the following while driving:

handheld cell phone;

portable computer; or

personal digital assistant (PDA).

The new Illinois cell phone law also prohibits motorists from texting while driving in Illinois. This includes sending or reading messages, and accessing the Internet while driving.

Additional Illinois Cell Phone Laws

An additional Illinois cell phone law took effect on January 1, 2010 that entirely prohibits cell phone use by drivers ages 18 years or younger, and all drivers within a construction zone or school speed zone.

All of the Illinois cell phone laws that took effect in 2010 were passed in the interest of protecting drivers, pedestrians and bicyclists. Drivers who become distracted by using communication devices are at high risk of being injured or causing injuries to others.

How the Illinois Cell Phone Laws Affect Personal Injury Claims

The NHTSA reports that 80% of car accidents are caused by a distracted driver. Of those distracted drivers, cell phone usage was the leading cause. This is relevant to note, as personal injury claims will be affected by the new Illinois cell phone laws, provided the accident involved this particular type of driver distraction.

Additionally, if a driver is using a cell phone within the scope of their employment in the moments leading up to a car accident, the employer may be held liable for their employee's negligent driving. This can be beneficial to an injured party in a personal injury claim, as a third party claim may provide a greater opportunity for a satisfactory settlement.

Punitive damages are generally sought in cases where it can be demonstrated that the defendant showed a wanton disregard for the safety of others. An injured party may be able to recover punitive damages if a driver completely ignores Illinois cell phone laws and engages in distracted driving caused by an electronic communication device.

If you were injured by someone who was using a handheld electronic communication device at the time of your Illinois accident, consult a Chicago personal injury lawyer who can talk to you about your options for legal recourse.