The Centers for Disease Control and Prevention (“CDC”) reports that about eight people in the US are killed in crashes every day due to a distracted driver’s involvement. Texting (sending or reading a text takes your eyes off the road for 5 seconds) is the most alarming distraction. At 55mph, that’s like driving the length of an entire football field with your eyes closed. Distracted driving is driving while engaged in another activity which diverts your attention away from driving. According to the National Highway Traffic Safety Administration (NHTSA), 2,841 people were killed due to distracted driving in 2018.
Using a cell phone while driving can pose a serious cognitive distraction; degrade driver performance and as of 7/1/19, is a violation of Illinois law under House Bill 4846. In this piece, we’re going to go into specifics of this new legislation & provide a primer on the texting-and-driving laws in Illinois. So, let’s get right into it.
Important Takeaways from the New Illinois Driving Legislation
Prior to the passing of House Bill 4846, the first offense of distracted driving was a “nonmoving violation.” However, now under Illinois state law, the first offense is a “moving violation,” which means it will now appear on the motorist’s driving record.
As of 7/19/19, under Public Act 101-90, penalties were increased dramatically for drivers who cause an accident resulting in injury because they were using an electronic device while driving.
Penalties for Violation of Public Act 101-90 (Regarding Distracted Driving in Illinois)
- $75 fine for a first offense
- $100 fine for a second offense
- $125 fine for a third offense
- $150 fine for a fourth offense
- Drivers who receive three moving violations will have their driver’s license suspended
- Drivers who are not yet 21 years of age can have their driver’s license suspended for two moving violations within a two-year period
Under Public Act 101-90, the use of an electronic device while driving that results in bodily harm, permanent disability, or disfigurement to another person is considered a Class A misdemeanor. A Class A misdemeanor carries up to one year in jail and a possible $2,500 fine.
If the accident results in the other person’s death, it is considered a Class 4 felony. These violations are called the aggravated use of an electronic communication device, and a driver found guilty of this Class 4 felony will have their driver’s license suspended for one year. Furthermore, those convicted of a Class 4 felony may face one to three years in prison and up to $25,000 in fines.
Exemptions
Some of the exemptions in the legislation include:
- Using an electronic device to report an emergency situation
- Using an electronic device in voice-operated or hands-free mode (including headsets), however, this does not apply to drivers who are under the age of 19
- The law is not applicable when parked on the shoulder of a roadway
- Using an electronic device while the vehicle is stopped because of normal traffic obstruction and the driver has the vehicle in park or neutral
If you or a loved one has been involved in an auto accident, you should contact a personal injury attorney immediately.
We are personal injury lawyers in Matteson with many years of experience successfully handling numerous auto accident cases, car and truck accident cases and motorcycle accident cases. We also serve clients injured in construction accidents, medical malpractice cases, those who have suffered brain injuries, eye injuries, and more. We practice in Tinley Park, Orland Park, Matteson, Chicago Heights, and throughout the Chicagoland area and have more than 41 years of representing clients and ensuring they receive the full value of their claims.
Learn more about McDermott & McDermott, Ltd. or call (708) 747-9440) us for a free legal consultation.
Leave A Comment