How many times have you seen an oblivious driver, only to pass them and see them staring down at their phone? My guess is too many times. Glancing down at a text might feel quick and harmless, but it only takes a split second for tragedy to strike. In fact, distracted drivers are four times more likely to get into an accident causing injuries and in 2023, cell phone usage was a factor in 2,510 crashes in Illinois alone, resulting in 15 deaths and 1,013 injuries.
These laws exist to keep our roads safe for everyone, so it is important to be fully aware of what they entail.
What are the Rules for Using Your Phone While Driving in Illinois?
It is considered a moving violation to hold your phone while operating a vehicle per the Illinois Tollway’s Drop It and Drive initiative. This is a traffic violation, which is generally more serious than non-moving violations (like parking tickets) because they can lead to accidents and endanger others.
In 2010, Illinois put into law some wide ranging restrictions regarding mobile device usage, making it illegal to “compose, send, or read text messages, instant messages, and email on a cell phone or surf the internet while driving.” However, there were exceptions to GPS and navigation systems.
Further restrictions were enacted in both 2014 and 2019, making it so that using a phone even while stopped at a traffic signal is a moving violation.
That being said, you are permitted to go hands-free to make phone calls over speakerphone or headset.
What is Allowed Under Illinois Hands-Free Law
While it is illegal to hold your phone while driving, there are a few exceptions. For one, using the phone to dial emergency services is still allowed, but it is recommended to safely pull over before doing so if possible. Drivers over the age of 19 are allowed to use Bluetooth hands-free technology to make phone calls or use voice-to-text capabilities; however, this is not the case for drivers under the age of 19. This is because teen drivers are far more likely to get into a car crash both in general and while using a mobile device. According to the National Highway Traffic Safety Administration, “dialing a cell phone while driving makes a teenage driver six times more likely to be involved in a crash, and teen drivers who text behind the wheel are 23 times more likely to be involved in a crash.”
What Happens if You’re Caught Using Your Phone in Traffic?
Holding your phone is considered a primary offense, so police can pull you over for this alone. They don’t have to run your plates to see if you have a warrant, they don’t have to catch you speeding or doing anything else if they suspect you’re holding a phone on the road.
If you’re caught using your phone, chances are you’ll get a fine — or if you are a repeat offender, a license suspension. According to NBC Chicago, “The fine for a first offense is a maximum of $75, but that number grows to $100 for a second offense, $125 for a third offense and $150 for a fourth or subsequent offense. . .Drivers with three or more moving violations within a 12-month period risk suspension of their driver’s license.”
Keep in mind that this is for the moving violation. If you are found to be at fault for a crash because of your distracted driving, penalties become far more severe, especially if there’s an injury as a result.
What to do if You’ve Been Bit by a Distracted Driver
First and foremost, gather as much evidence as you can in the moment — pictures/video of the scene, eye witness accounts, police reports, etc. If you’ve incurred medical bills as a result of the crash be sure to keep those as well.
Then give me a call. I am an experienced personal injury attorney who can help you deal with the insurance companies, put together a case, and bear the brunt of bureaucracy.
Your rights matter. Over the course of my career, I’ve helped clients win millions of dollars to cover medical bills, lost wages, emotional distress, and more. You don’t pay until we win your case, meaning there’s no up front cost and nothing to lose. Give me a call today to get a free consultation.
