What Damages Can You Recover After a Distracted Driving Accident in Illinois?

 Posted on March 19, 2026 in Car Accidents

Distracted driving is one of the most common causes of serious car accidents in Illinois. According to the National Highway Traffic Safety Administration, 3,308 people died in distracted driving crashes in 2022. If a distracted driver hurt you in 2026, you may have the right to seek compensation. An Orland Park, IL distracted driving accident attorney can help you understand your options and pursue the recovery you deserve.

What Does Illinois Law Say About Distracted Driving Behind the Wheel?

Illinois has strict distracted driving laws. Under 625 ILCS 5/12-610.2, drivers cannot use a handheld electronic device while driving. Texting, scrolling, checking email, and holding a phone to make a call are all illegal behind the wheel.

But distracted driving is not just about phones. Eating while driving, adjusting a GPS, reaching into the back seat, and applying makeup at a red light are all distractions, too. Any activity that takes a driver’s hands off the wheel, eyes off the road, or focus off driving can put everyone nearby at serious risk of injury.

What Types of Compensation Are Available to Distracted Driving Accident Victims in Illinois?

If a distracted driver caused your injuries, Illinois law allows you to seek compensation for your losses. Damages generally fall into two categories: economic and non-economic.

Economic damages cover the direct financial losses caused by the accident. These can include medical bills for emergency care, surgery, and follow-up visits. You may also recover costs for future medical care, lost wages if you miss work, reduced earning ability if your injuries affect your long-term capacity to work, and property damage to your vehicle.

Non-economic damages cover losses that are harder to put a number on but are just as real. Pain and suffering, emotional distress, and loss of enjoyment of life all fall into this category. In cases where the driver’s behavior was especially reckless, such as a driver texting at highway speeds, punitive damages may also be available.

How Do You Prove the Other Driver Was Distracted and Caused Your Accident?

Proving distraction is often the hardest part of a case like this. There is no roadside test for distracted driving, the way there is for drunk driving. A strong claim usually depends on pulling together several types of evidence, which may include:

• The police report may note whether the officer saw signs of distraction.
• Cell phone records show the driver was on their phone at the time of the crash.
• Traffic or surveillance camera footage of the driver’s actions before impact.
• Witness statements from other drivers, passengers, or bystanders.
• Accident reconstruction showing the driver failed to brake or react in time.

Working with an experienced personal injury attorney early on gives you the best chance of gathering this evidence before it is lost. An attorney can also handle communication with the insurance company so you can focus on getting better.

What Happens to Your Claim if You Were Partly at Fault for the Crash?

Illinois uses a rule called modified comparative fault, which means you share some of the blame but can still recover money for your injuries. This rule is found in 735 ILCS 5/2-1116. You can recover compensation as long as you were less than 50 percent at fault for the crash. Your payout will be reduced by your share of the blame. For example, if you were 15 percent at fault and your total damages are $100,000, you could still recover $85,000. An attorney can help you fight back if an insurance company tries to place more fault on you than is fair.

Schedule a Free Consultation With a Cook County, IL Distracted Driving Accident Attorney

If you or someone you love was hurt by a distracted driver, the Law Office of J. Francis Barker, P.C. is here to help. Attorney Barker is based right here in Orland Park and is a solo attorney, so your case will not get handed off to someone else. You will work directly with Attorney Barker from start to finish, and he will personally fight for you every step of the way. No case is too big or too small. Call 708-321-1223 today to schedule a free consultation with our Orland Park, IL car accident lawyer.