Distracted Driving Defense After a Car Accident

 Posted on March 10, 2025 in Personal Injury

Distracted driving is one of the leading causes of serious car accidents. Now that almost everyone has a cell phone with them while driving, there are many more potential distractions than drivers used to face. Drivers frequently rely on GPS apps for directions, which means their phones must be out and turned on. This makes it easier to get distracted by incoming messages or notifications. Many newer model vehicles even have integrated infotainment systems, confronting drivers with another screen. Even drivers who carefully obey Illinois’s cell phone use laws can be distracted by passengers, music, food, or something interesting that is happening on the roadside. No driver can keep 100 percent of his attention on driving 100 percent of the time. A motor vehicle accident can happen in a split second. If you are facing a lawsuit after being involved in a car accident, you need an experienced Chicago, IL personal injury attorney.

How a Distracted Driving Claim is Proven 

The party who is suing you has the burden of proving that you were distracted while you were driving. This claim can be hard to prove for several reasons. First, the other party may not have noticed your car, much less seen what you were doing inside it before the accident happened. Most drivers do not pay close attention to what other drivers are doing unless they have already noticed a vehicle being driven erratically. This fact can also make relying on witness testimony impossible, as there may be no witnesses who observed you before the crash.

Even if the plaintiff claims to have clearly seen you using your phone or turning around to look at a passenger in the backseat, his word is far from perfect evidence. People who have been injured in car accidents often have major medical or personal expenses and are highly motivated to win a lawsuit. More evidence is usually needed.

Cell phone records are sometimes used in distracted driving cases. However, these are not perfect either, especially when they are the only hard evidence involved. Even if the records show that a text was sent from your phone moments before the crash, a passenger could have been typing for you, or you could have been using a voice-controlled program.

The evidence in distracted driving cases does not always support a clear conclusion. An experienced personal injury attorney may be able to show that there is not enough evidence to hold you liable for the accident based on a distracted driving allegation.

Contact a Chicago, IL Car Accident Defense Lawyer 

SpyratosDavis LLC is experienced in defending people against accusations of distracted driving. Our aggressive Chicago, IL car crash defense attorneys will carefully review the evidence in your case to develop a customized defense strategy. Contact us at 630-810-8881 for a complimentary consultation.