A driver who looks down at a phone for even a few seconds can permanently change another person’s life. If you were injured because another driver was texting, using an app, handling a device, or otherwise taking their attention off the road, our distracted driving accident lawyers can help you pursue compensation for your medical care, lost income, and other losses caused by the collision.
LeFante Law Offices, P.C. is a personal injury law firm founded in 2009, representing individuals and families throughout Illinois who have been injured in distracted driving accidents. From offices in Peoria and Bloomington, the firm’s attorneys handle distracted driving claims across the state, guided by an approach that supports clients through their physical recovery and financial rebuilding..
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Distraction may leave no visible evidence at the crash scene. You may need to assemble relevant proof from phone or device data, vehicle information, witness accounts, video, and the circumstances surrounding the collision. Retention periods vary, and some footage, device data, or business records may be overwritten or deleted.
The attorneys at LeFante Law Offices begin identifying potential evidence as soon as the firm accepts a claim. Depending on the circumstances, that may include sending preservation notices to the driver, employer, vehicle owner, or businesses that control relevant footage, inspecting available vehicle data, and pursuing records through discovery, subpoenas, or court orders.
Traffic safety researchers generally group distracted driving into three categories. Most distracted driving crashes involve more than one at the same time.
The driver’s eyes leave the road, even briefly, to check a phone, a GPS screen, or something inside or outside the vehicle.
The driver’s hands leave the wheel to text, eat, adjust controls, or reach for an object.
The driver’s attention shifts away from driving, such as during an absorbing conversation or while focusing on a task unrelated to the road.
Texting is often considered the most dangerous form of distraction because it combines all three: eyes off the road, hands off the wheel, and attention pulled away from driving entirely. As texting-and-driving lawyers, our attorneys pay close attention to phone activity when building a distracted driving case.
The National Highway Traffic Safety Administration reports that reading or sending a text takes a driver’s eyes off the road for about five seconds. At 55 mph, the vehicle travels roughly the length of a football field during that time. A distracted driver may fail to notice a stopped vehicle, red light, pedestrian, or other danger until there is too little time to respond.
Because distracted drivers frequently fail to slow down or take evasive action before impact, these crashes often involve significant force. Injuries our clients have experienced include:
If your injury involves a brain or spinal cord injury, our Illinois brain injury attorneys can walk you through what that means specifically for your claim.
Evidence that a driver used a device matters when it helps show that the driver failed to use reasonable care and that this failure caused the collision. Depending on the circumstances, relevant evidence may include:
Retention periods differ. Prompt preservation requests can reduce the risk that available footage, device data, vehicle information, or business records will be lost.
James P. LeFante spent years as an insurance defense attorney before founding this firm, and he built the firm’s investigative approach around what he learned defending insurance companies: they look for reasons to dispute fault, especially in cases where distraction is not immediately obvious. That background now works for LeFante Law Offices’ clients instead of against them.
If the distracted driver was operating a commercial vehicle, such as a delivery truck or semi, additional parties, including the driver’s employer, may share responsibility. Our Illinois truck accident attorneys regularly handle these more complex claims.
Illinois generally prohibits drivers from operating a motor vehicle on a roadway while using an electronic communication device. The law covers handheld phones, tablets, portable computers, watching or streaming video, videoconferencing, accessing social media, and, since July 31, 2026, artificial intelligence smart glasses.
Drivers aged 19 and older may generally use a phone in hands-free or voice-operated mode. That exception does not extend to watching video, videoconferencing, accessing social media, or using AI smart glasses.
A violation of the electronic-device law may be considered with other evidence of negligence, but it does not decide the civil claim by itself. The injured person must still show that the driver’s conduct caused the collision and the resulting losses. A driver may also be negligent while using technology lawfully if that use diverted the driver’s attention and contributed to the crash.
A traffic citation is not required to pursue a civil claim. Traffic enforcement and civil liability are separate matters.
The general steps after any car accident, including seeking medical care and reporting the crash to police, are the same regardless of what caused it. You can find that guidance on our Illinois car accident page.
What is different in a distracted driving case is timing. Cell phone data can be deleted or overwritten within days, and businesses often erase surveillance footage on a short cycle. The sooner you speak with an attorney, the sooner steps can be taken to preserve that evidence before it is gone.
If a distracted driver caused your accident, you may be able to recover compensation for:
Past results do not guarantee a similar outcome, and the value of any claim depends on the specific facts of your case, including the severity of your injuries and the available insurance coverage.
Several factors typically influence what a distracted driving claim is worth:
Former Insurance Defense Experience. Founding attorney James P. LeFante spent years representing insurance companies before switching sides to represent injured people. That experience shapes how the firm builds and negotiates every distracted driving claim.
Prompt Evidence Collection. The firm’s investigation begins as soon as a case is opened, while phone records, footage, and witness memories are still available.
No Fee Unless We Win. You pay nothing upfront, and legal fees only come out of money the firm recovers on your behalf.
Post-Settlement Advocacy. The firm’s work does not stop once a settlement or verdict is reached. LeFante Law Offices also negotiates with medical providers to help reduce outstanding bills and liens, so clients keep more of what they recover.
LeFante Law Offices has recovered tens of millions of dollars for injured clients throughout Illinois, with 135+ five-star Google reviews from past clients. Past results do not guarantee a similar outcome in any future case.
A distracted driver may fail to notice traffic slowing or stopping ahead, resulting in a rear-end collision.
A driver who looks away from the road, even briefly, can drift across the center line into oncoming traffic.
Distracted drivers are a leading cause of crashes involving people crossing the street or walking near traffic.
If you suspect that phone or device use contributed to your collision, early legal advice can help identify and preserve available evidence.
Evidence in a distracted driving case does not last forever. Phone records get deleted, footage gets recorded over, and witnesses’ memories fade. The sooner our distracted driving accident lawyers can begin investigating, the stronger your case is likely to be.
You do not have to sort through insurance calls, medical bills, and mounting questions on your own. Call LeFante Law Offices, P.C. today at (309) 999-1111, or request your free case review online, to talk with an attorney about what happened and what your options are. There is no fee unless we win.
LeFante Law Offices, P.C. – Peoria: 456 Fulton Street, Suite 410, Peoria, IL 61602 (309) 999-1111
LeFante Law Offices, P.C. – Bloomington: 121 N Main St, Suite 210, Bloomington, IL 61701 (309) 869-8309
You pay nothing upfront. LeFante Law Offices handles personal injury claims on a contingency-fee basis. If the firm recovers compensation, its fee is an agreed percentage of that recovery. If the firm recovers nothing, you owe no attorney fee. The written agreement explains the percentage and how case expenses are handled.
Most Illinois personal injury lawsuits arising from vehicle collisions must be filed within two years after the claim accrues, usually the collision date. Claims against local public entities or employees generally have a one-year deadline. Minority, legal disability, and other circumstances may change the deadline, so you should not assume the full two years applies.
Evidence may include phone and carrier records, device or app data, vehicle information, witness accounts, video, admissions, and employment or dispatch records. The available evidence depends on the circumstances, and some records may require formal discovery, a subpoena, or a court order.
You can generally still recover compensation. Illinois follows a modified comparative negligence rule, meaning that as long as you are not found more than fifty percent at fault for the accident, you can still pursue a claim, though your compensation may be reduced by your share of fault.
Yes. You don’t need a traffic citation to pursue a civil claim, and a ticket alone doesn’t establish civil liability. You may show distracted driving through phone or device data, vehicle information, witness accounts, video, admissions, and other evidence connecting the distraction to the collision.
You may still have options. If the at-fault driver was uninsured or underinsured, you may be able to pursue compensation through your own uninsured or underinsured motorist coverage. Our attorneys can walk you through what coverage may apply to your situation.
It is generally best to speak with an attorney first. Insurance adjusters often contact accident victims quickly to obtain a recorded statement, which can later be used to minimize your claim. Speaking with an attorney first helps protect your rights and avoid statements that could unintentionally hurt your case.
