Can You Sue for a Distracted Driving Accident?

Every time a driver looks down at a text message, scrolls through social media, enters an address into a GPS, or takes their attention away from the road, they put everyone around them at risk. Distracted driving has become one of the leading causes of preventable car accidents in the United States, resulting in thousands of deaths and hundreds of thousands of injuries each year. According to the National Highway Traffic Safety Administration (NHTSA), 3,208 people were killed and an estimated 315,167 people were injured in distracted driving crashes in 2024 alone.

If you or a loved one has been injured because another driver was distracted, you may be wondering whether you can file a lawsuit and recover compensation. In most cases, the answer is yes. A distracted driver who causes an accident can be held financially responsible for the injuries, losses, and damages they cause.

” When drivers choose to focus on their phones instead of the road, innocent people can suffer life-changing injuries. Victims deserve answers, accountability, and fair compensation for what they have endured.” — John J. Malm, Naperville car accident attorney

What Is Distracted Driving?

Distracted driving is any activity that takes a driver’s attention away from safely operating a vehicle. According to NHTSA, distractions generally fall into three categories:

Visual distractions (taking your eyes off the road)
Manual distractions (taking your hands off the wheel)
Cognitive distractions (taking your mind off driving)

Examples of distracted driving include:

Texting while driving
Reading emails or social media posts
Watching videos
Using navigation systems
Talking on a handheld phone
Eating or drinking
Adjusting vehicle controls
Grooming or applying makeup
Interacting with passengers

Texting is considered particularly dangerous because it combines visual, manual, and cognitive distractions simultaneously. NHTSA notes that sending or reading a text message can take a driver’s eyes off the road for approximately five seconds: enough time to travel the length of a football field at highway speeds.

Can You Sue a Distracted Driver?

Yes. If a distracted driver causes an accident that results in injuries or wrongful death, the injured victim generally has the right to pursue a personal injury claim or lawsuit.

Like any other negligence case, a distracted driving lawsuit requires proof that:

The driver owed a duty of care to others on the road.
The driver breached that duty by engaging in distracted behavior.
The distracted behavior caused the crash.
The victim suffered damages as a result.

When these elements are established, the distracted driver may be held liable for the losses caused by the accident.

How Common Are Distracted Driving Accidents?

Distracted driving remains a serious nationwide problem.

Recent NHTSA statistics show:

3,208 people were killed in distracted driving crashes in 2024.
More than 315,000 people were injured in distraction-related crashes in 2024.
Approximately 8% of all fatal crashes involved distracted drivers.
More than 32,000 people have died in distracted driving crashes over the past decade.

Distracted driving affects more than just vehicle occupants. In 2024, 639 pedestrians, bicyclists, and other non-occupants were killed in distraction-related crashes.

These numbers likely understate the true scope of the problem because distraction can be difficult to prove after a crash. Many drivers do not admit they were using their phones, and crash reports may not always capture the role distraction played in causing a collision.

What Evidence Can Prove Distracted Driving?

One of the most important aspects of a distracted driving injury claim is gathering evidence that shows the at-fault driver was distracted.

Evidence may include:

Cell phone records
Text message timestamps
Social media activity logs
GPS or app usage data
Vehicle infotainment system records
Surveillance footage
Dash camera video
Eyewitness testimony
Police reports
Admissions made by the driver

In some cases, attorneys can subpoena phone records that reveal whether a driver was texting, making calls, or using apps at the time of the collision. Modern vehicles may also contain electronic data that helps reconstruct what occurred in the seconds before impact.

Illinois Distracted Driving Laws

Illinois has enacted strict laws aimed at reducing distracted driving.

Under Illinois law, drivers are generally prohibited from:

Writing, sending, or reading text messages while driving
Using social media while operating a vehicle
Watching videos while driving
Using teleconferencing applications while driving

Drivers age 19 and older may use hands-free devices, although safety experts continue to warn that even hands-free conversations can divert attention from driving. Illinois law provides only limited exceptions for emergencies and certain stopped vehicles.

A violation of Illinois distracted driving laws can be powerful evidence in a personal injury case because it helps establish that the driver breached their duty of care.

What Compensation Can You Recover?

Victims of distracted driving accidents may be entitled to recover compensation for both economic and non-economic damages. Potential damages include:

Economic Damages

Medical expenses
Future medical treatment
Rehabilitation costs
Lost wages
Loss of future earning capacity

Non-Economic Damages

Pain and suffering
Emotional distress
Disability
Disfigurement
Loss of normal life

If a distracted driving crash results in death, surviving family members may be able to pursue compensation through a wrongful death claim.

Why Distracted Driving Cases Can Be Strong Claims

Distracted driving cases often present compelling evidence of negligence. Jurors understand the dangers associated with texting, scrolling social media, and other distracted behaviors. Public awareness campaigns have spent years educating drivers about the risks.

As a result, many jurors view distracted driving as a conscious choice rather than a simple mistake. When evidence clearly demonstrates that a driver was texting or using a phone at the time of a crash, it can significantly strengthen an injury victim’s claim.

What If the Driver Denies Being Distracted?

It is common for drivers to deny they were distracted. However, a denial does not end the investigation.

Experienced car accident attorneys often examine:

Cell phone carrier records
Metadata from mobile applications
Vehicle black box data
Traffic camera footage
Business surveillance video
Witness statements

In many cases, evidence obtained after the crash contradicts the driver’s initial explanation. A thorough investigation can uncover facts that may not be apparent in the immediate aftermath of an accident.

Can You Sue If a Distracted Driver Caused a Truck Accident?

Yes. Distracted driving is also a major concern in commercial trucking accidents. Truck drivers may become distracted by:

Cell phones
Electronic logging devices
Dispatch communications
Navigation systems
Onboard technology

Because commercial trucks can weigh up to 80,000 pounds, the consequences of distraction can be catastrophic. In truck accident cases, additional evidence may be available through trucking company records, onboard electronics, and federal compliance data.

Frequently Asked Questions about Distracted Driving Accidents

Q: How do I prove the other driver was texting?

A: Evidence may include cell phone records, text message timestamps, witness testimony, surveillance footage, and admissions made by the driver. An attorney can often obtain additional evidence through subpoenas and formal discovery.

Q: What if the distracted driver received a traffic ticket?

A: A traffic citation can be valuable evidence in your case, but it is not required. Many successful distracted driving claims proceed even when no citation was issued.

Q: How long do I have to file a lawsuit in Illinois?

A: In most Illinois personal injury cases, victims generally have two years from the date of the accident to file a lawsuit. However, exceptions may apply, so it is important to consult an attorney promptly.

Q: What should I do after a distracted driving accident?

A: You should seek medical attention, report the accident to law enforcement, document the scene if possible, preserve evidence, and contact an experienced personal injury attorney as soon as possible.

Contact the Dedicated Illinois Distracted Driving Accident Lawyers at John J. Malm & Associates

Distracted driving continues to cause thousands of preventable injuries and deaths every year. Whether a driver was texting, scrolling social media, watching videos, or otherwise failing to pay attention to the road, they can be held accountable when their actions cause harm. If you have been injured in a distracted driving accident, it is important to act quickly to preserve evidence and protect your legal rights.

The top-rated Illinois car accident attorneys at John J. Malm & Associates have extensive experience investigating serious motor vehicle accidents and pursuing compensation for injured victims throughout Illinois. Contact us today for a free consultation and learn how we can help you pursue the recovery you deserve after a distracted driving crash.