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What Types of Driver Behavior Constitutes Negligence in Illinois?

Harvey L. Walner & Associates, Ltd.
Harvey L. Walner & Associates, Ltd.

January 26, 2014

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In Illinois, driver negligence covers a wide range of errors and inattention which can lead to an accident. In order to win compensation for your car accident injuries, you don’t have to prove intent, just negligence. You do not need to prove criminal negligence, either, just ordinary negligence. The distinction is important because it means that drivers can be held financially responsible for the harm that they cause, even for an innocent mistake, without risking life or liberty.

Examples of Negligent Driving

Examples of negligent driving include:

  • Distracted driving, such as texting while driving
  • Speeding
  • Driving within the speed limit, but too fast for the road, weather, or traffic conditions
  • Driving while intoxicated
  • Driving fatigued
  • Failure to signal
  • Following too closely
  • Running a red light or stop sign
  • Failure to yield
  • Unsafe lane changes
  • Unsafe passing

Distracted Driving

Distracted driving is an all-too-common cause of traffic accidents. Texting while driving has been against the law in Illinois for several years, but a new law against cell phone use, unless it is hands-free, has actually made the texting law easier to enforce. Hopefully, we will see a significant reduction in texting accidents.

Pre-technology distractions remain as dangerous as ever, even if we tend to overlook them. These include:

  • Eating and drinking
  • Personal grooming
  • Attending to children
  • Reaching for items in backseat or on the floorboard
  • Rubbernecking
  • Daydreaming
  • Adjusting the stereo
  • Reading maps

To learn more about driver negligence and your car accident case, please give us a call at (312) 313-2888. 

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