How Do You Prove That the Driver Who Hit You Was Distracted?

 Posted on November 23, 2025 in Car Accidents

Distractions while driving come in many forms, inside and outside the vehicle. Few things are more dangerous on the road than a distracted driver. You may know that the driver who hit you was not paying attention, but you still need proof to build a strong claim. When you work with the experienced Decatur, IL car accident lawyers at Kanoski Bresney, you have support from legal professionals who know how to gather the evidence you need to build a solid case.

What Counts as Distracted Driving in Illinois?

Distracted driving happens any time a driver takes their eyes off the road, hands off the wheel, or mind off the task of driving. Illinois has strict rules against these behaviors. Under 625 ILCS 5/12-610.2, it is illegal to hold a phone, text, or use the internet while driving. This law exists because phones have become one of the most common distractions on the road.

Of course, texting is not the only way that a person can get distracted while driving. It can happen when a driver eats, adjusts the radio, enters an address into a GPS, talks to passengers, or reaches for something inside the car. Even a brief moment of inattention can have lasting consequences. When a driver takes their focus off the road and causes a crash, Illinois law allows injured victims to hold them accountable for the harm that results.

What Evidence Helps Prove a Distracted Driver Caused Your Crash?

Strong evidence makes it easier to explain how the crash happened and why the other driver is responsible. Some examples include:

• Phone records that show outgoing or incoming messages or calls at the time of the crash

• Statements from witnesses who saw the driver looking down or acting distracted

• Surveillance or dashcam videos showing the moments before impact

• Photos of the crash scene, including skid marks or vehicle positions

• Police reports noting distracted behavior or issuing a citation

• Vehicle black box data showing sudden braking or changes in speed

When police officers arrive after a crash, they collect important details that can help your case. They look at the scene, talk to drivers and witnesses, and write down what they see in a report. If they notice that the other driver was holding a phone, seemed distracted, or admitted to texting, that information can support your claim later.

Your lawyer can also look for more proof of distraction. They may request the driver’s phone records to see if a call or text happened right before the crash. They can also ask that any camera footage or digital evidence be saved before it gets deleted. If you act fast, you can prevent the loss of useful evidence.

Schedule Your Free Consultation With a Champaign, IL Car Accident Attorney

Proving distracted driving takes careful investigation. Our experienced Decatur, IL car accident lawyers can guide you through the legal process and deal with insurance companies on your behalf. We use our decades of combined knowledge to help us with every case. Call 888-826-8682 today for a free consultation, and let us handle your claim so you can focus on recovering.