Proving distracted driving can be challenging, especially if the other driver didn’t receive a citation.
Distracted driving is increasingly being considered the new drunk driving in Chicago and throughout the nation because of statistics showing its steady rise and significant dangers. Drunk driving has been the center of attention for decades. Distracted driving is equally, if not more, dangerous, despite it not spurring the same level of public awareness and efforts to combat it until recently.
The Rise of Distracted Driving: A Growing Threat on the Roads
Historically, people haven’t taken distracted driving as seriously as drunk driving. Drunk driving has been a big concern for decades. Deaths in drunk driving accidents reached historic proportions in the 1980s, sparking massive efforts from activist organizations and legislative changes by federal and state governments, which helped reduce the fatalities by more than half. The number of alcohol-related traffic deaths reduced by 31%, from 25,165 in 1982 to 17,461 in 1993. The number of fatally injured drivers with a blood alcohol content of 0.08% or above reduced from 49% in 1982 to 33% in 1994.
Drunk driving has remained a recurring issue, even as deaths attributed to it have reduced. Just as the drunk driving problem was decades ago across the country, we’re now facing a growing distracted driving problem. Distracted driving has taken America’s roadways by storm, with distracted driving crashes, injuries, and deaths rising. As a result, there increasingly have been drunk driving vs. distracted driving comparisons.
The Increasing Concern About Distracted Driving in Chicago
Talking to passengers, changing music and radio stations, applying makeup, and eating while you commute have long contributed to distracted driving. In recent years, texting, emailing, video chatting, using social media, and interactive dashboards and other modern technologies have been added to the list, increasing instances of distracted driving in Illinois and the nation.
According to the National Highway Traffic Safety Administration (NHTSA), over 314,000 drivers use a cell phone while driving during daylight hours at any given moment. In one AAA survey, nearly 50% of drivers reported regularly seeing drivers texting or emailing while driving. Law enforcement agencies in Illinois have also described people driving while checking their phones as a common sight.
In the 2023 Travelers’ Risk Index, 70% of respondents considered distracted driving a big problem. However, many continued to multitask, with 57% admitting reading texts or emails, 49% admitting texting or typing emails, 28% updating social media, and 27% reporting having recorded videos or taken photos while driving.
In an AAA survey released in December 2024, 93% of drivers recognized the dangers of distracted driving. Nevertheless, many of them reported engaging in distracting behavior while driving, such as reading an email or text (37%), talking on a handheld phone (36%), and sending a text or email (27%), in the past 30 days.
According to LexisNexis, distracted driving violations increased by 10% in 2023. The Illinois State Police issued over 7,200 citations and close to 10,500 warnings for distracted driving in 2022. The State Police had already issued over 1,300 citations and 1,900 warnings by mid-April 2023. Distracted driving violations have continued to be a persistent issue in Chicago and its suburbs. During the Distracted Driving Awareness Month enforcement campaign in April 2024, the Orland Park Police Department and Lombard Police Department issued 182 and 335 citations for distracted driving, respectively.
Distracted Driving Crashes, Injuries, and Fatalities
Distracted driving is a factor in more than a million accidents annually. In 2020, 9,432 accidents in Illinois involved a distracted driver. The most recent NHTSA data shows that 3,308 people lost their lives in distracted driving accidents in 2022, accounting for 8% of all traffic fatalities. Almost 20% of those killed were people outside the vehicle, such as cyclists and pedestrians. Nearly 290,000 people were injured in distraction-affected crashes.
Distracted driving claimed 58 lives in the state in 2023. The Illinois Tollway reported cell phone use being a factor in 2,510 accidents in Illinois in 2023. These accidents led to 1,013 injuries and 15 deaths.
The statistics on distracted driving accidents are alarming, but don’t capture the full extent of the problem. These accidents are among the most underreported road safety issues. There’s no easy way to check for driver distraction after an accident. Drivers often won’t volunteer to say they were distracted at the time of a crash when there’s no concrete evidence. Consequently, catching every occurrence of distracted driving is impossible.
Comparing Distracted Driving and Drunk Driving: Similar Risks, Different Causes
Any action that diverts a driver’s attention from the primary task of operating the motor vehicle is considered distracted driving. Drunk driving, on the other hand, involves driving a vehicle with a blood alcohol content (BAC) of 0.08% or higher. Both are among the top reasons behind the common types of car accidents. They impair driving ability and increase the risk of accidents.
Driving while drunk or distracted results in the inability to concentrate on the road and notice changing roadway situations and slower reaction times. The Transport Research Laboratory (TRL) found alcohol consumption to the legal limit to slow a driver’s reactions by 12%, while texting while driving slowed driver reactions by 35%. Studies have linked distracted driving and drunk driving to risky behaviors. Distracted driving has been linked to speeding, lane changes, and hard braking maneuvers. Drunk drivers have been found to apply harder brakes than sober drivers. They’re also more likely to drive faster and less likely to use seat belts.
The crash risk associated with the different types of distracted driving varies. For example, drivers using their cell phones are two to eight times more likely to be involved in a crash than drivers not distracted by devices. Eating while driving increases the risk of being in a crash by 1.57 times. Drivers with a BAC of 0.08% are four times more likely to cause an accident than drivers with a zero BAC.
Both drunk and distracted driving crashes kill thousands of Americans each year. Distracted driving crashes have been estimated to cost as much as $175 billion a year. Drunk driving costs the United States $132 billion each year.
Legal Consequences: What You Need to Know About Distracted Driving and the Law
Illinois law prohibits holding a cell phone and using electronic communication devices while driving unless you’re calling for emergency assistance. Distracted driving is a primary offense in Illinois, so a police officer can pull you over in Chicago if he or she sees you holding a phone while driving.
A driver caught driving while using an electronic communication device is issued a moving violation that goes on his or her driving record. Receiving three moving violations within 12 months results in a license suspension.
Illinois also has a points system. Each violation of the law can lead to the addition of points on your driving record. Too many points accumulated can lead to license revocation or suspension.
Distracted Driving and Modified Comparative Negligence Laws
Under Illinois’ modified comparative negligence laws, you’ll be assigned a percentage of the blame if you’re involved in an accident and were distracted while driving. You can recover damages even if you were partially at fault for the accident, provided your fault is less than 50%. Your compensation will be reduced by your fault percentage. Therefore, being found to have been distracted at the time of the accident will affect the ability of your car accident lawyer to recover full compensation for your damages from the other driver.
Proving the Other Driver Was Distracted
If you’re injured in a crash caused by a distracted driver, you can file a claim with the driver’s insurance company to recover damages. Depending on the crash and how it affected your life, you may be eligible for a variety of damages, including:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Punitive damages
To secure compensation, you’ll need to prove the other driver’s negligence. You can establish negligence by proving the other driver was distracted, for example, using a phone at the time of the accident.
Proving distracted driving can be challenging, especially if the other driver didn’t receive a citation. Fortunately, your personal injury lawyer can gather evidence to prove a distraction in several ways. Your lawyer may secure surveillance video footage from nearby traffic cameras or businesses, use timestamps in social media posts, witness accounts, accident reconstruction, or subpoena the driver’s phone records to find out if he or she was sending a text or on a call at the time of the crash.
If you’ve been injured in a car accident due to a distracted driver or any other form of negligence, contact us at Ankin Law right away. With over 100 years of combined experience, our car accident lawyers will build a strong case on your behalf and fight for the maximum compensation you’re entitled to under Illinois law.
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