Can I Receive Compensation After a Distracted Driving Accident?

 Posted on August 10, 2026 in Car Accidents

Being involved in a distracted driving accident can result in severe injuries. A crash can also lead to substantial medical bills and repair costs.

People injured by distracted drivers in an Illinois car crash in 2026 may be able to seek compensation. An experienced Lake County car accident attorney can help you understand this process and protect your rights.

What Is Considered Distracted Driving in Illinois?

Distracted driving is any activity that takes a driver's eyes, hands, or attention away from driving. Illinois drivers who are 19 and older can use hands-free technology. However drivers under 19 usually can’t use a cellphone while driving, even hands-free, unless its an emergency.

Some of the most common ways to be distracted while driving include:

• Reading a text, or otherwise using a cell phone while driving
• Adjusting music and GPS settings
• Speaking to other passengers and taking their eyes off the road
• Eating, drinking, or grooming (i.e., putting on makeup)

Any of these actions takes a driver's complete focus away from the road and the operation of their vehicle. This can slow their reaction time. A distracted driver may not see another car, person, or object until it is too late to avoid a crash. A driver who looks away for too long may even drift into another lane or oncoming traffic.

In many cases, distracted driving can be considered negligence. Every Illinois driver has a responsibility to everyone else on the road to drive safely and follow the laws.

How Do I Prove Another Driver Was Distracted and Caused an Accident?

Evidence of another driver's distraction is important, as much of your claim depends on proving their negligence. This evidence can come in a number of forms.

Dashcams can provide valuable footage of a driver's behavior immediately before an accident. Security or traffic footage may also be of use, depending on the angle of view. Phone records might also show that a phone was in use around the time of the crash.

Witness statements can be particularly valuable, especially when there is no video. Be sure to get contact information from any witnesses before you leave the crash site.

What if I am Found to Have Some Fault in a Distracted Driving Accident in Illinois?

Illinois follows a "comparative fault rule." This means plaintiffs can recover compensation for you if you are 50 percent or less at fault for the accident. (735 ILCS 5/2-1116). If you are more than 50 percent at fault, you cannot recover damages. This means that even if the distracted driver was not completely at fault, recovery of damages may still be an option for an injured person.

How much you can recover depends on your percentage of fault. For example, if you are 20 percent at fault, your compensation will be reduced by 20 percent.

How Do I Pursue a Claim After a Distracted Driving Accident in Illinois?

If you have been involved in a vehicle accident caused by another driver who was distracted, it is important to first seek medical attention. Keep a record of all medical expenses, including emergency room visits, specialist referrals, and ongoing treatments like physical therapy.

The police should be called after an automobile accident so they can make an official report. Get a copy of this report if possible. Contact your own insurance company as soon as possible. Keep the contact information of any witnesses with your other accident records in case they need to be contacted.

How Long Do I Have to File a Car Accident Claim in Illinois?

In most cases, an Illinois personal injury lawsuit after a car accident must be filed within two years of the crash (735 ILCS 5/13-202). Some cases may have different deadlines, so it is important not to wait too long to ask about your options.

What Kinds of Damages Can I Get After a Car Accident in Illinois?

Car accident claims may result in economic and non-economic damages. Economic damages cover financial losses such as medical bills, lost wages, and lost future income. Non-economic damages include things harder to value in dollars, such as pain and suffering, physical impairment, and loss of a normal life.

If you have questions about any part of the filing process or are worried you're being offered an unreasonably low settlement, speak to an attorney. They can help advocate for your interests and help you get fair compensation.

Contact a Cook County, IL Car Accident Attorney

Accidents caused by distracted drivers happen often. These accidents may result in serious injuries and high costs. If you have been involved in a car accident with a distracted driver, reach out to our experienced Lake County, IL car accident lawyers, branched off from Lucas Law.

Call Barrington Injury Attorneys at 224-900-HURT for a free consultation to explore your options for compensation.