Distracted driving is one of the easiest ways to find yourself involved in an accident. Illinois has banned driving while using a cell phone for some time, but July 1st, 2024, saw changes to how offenders are punished, including the issuing of a moving violation for first-time offenders.
The purpose of Illinois’ new cell phone law is to make our roads safer. According to the Illinois State Police, using a cell phone increases your chances of being involved in a crash by 400%. With tech being such an essential part of our lives, the risk has never been greater.
Let’s discuss what you must know about the Illinois cell phone law 2024.
Key Takeaways
- Illinois’ new cell phone law came into effect in July 2024 and made using a cell phone while driving an automatic moving violation and increased fines.
- Receiving three moving violations in a single 12-month period results in an automatic driving license suspension in Illinois.
- Hands-free electronic communication devices may be used while driving, but headsets are prohibited.
- Mobile phone use while driving is classified as distracted driving, a practice that dramatically increases the chances of experiencing an accident.
- Illinois’ at-fault laws mean that if you were using your cell phone behind the wheel, it could result in you being unable to claim compensation under the state’s modified comparative negligence laws.
What is the New Cell Phone Law in Illinois?
The new cell phone law in Illinois changes how offenders are punished. From July 1st, first-time offenders caught using their cell phones will receive a $164 ticket plus a moving violation on their record. Motorists who receive three moving violations within 12 months will have their licenses suspended.
The change in the law more than doubles the fine from the original $75, but it also applies a moving violation for the first time. Previously, first-time offenders wouldn’t receive a moving violation.
With Illinois seeing the sixth most deaths in the nation caused by distracted driving, it’s no surprise the authorities have enacted legislation to tackle this problem.
Note that you can still avoid a moving violation conviction under this new law. However, you must have a clean driving history and agree to participate in traffic safety school. If this is an option, you can incur the extra expense of traffic safety school and request court supervision on the ticket.
What is the Illinois Hands-Free Law?
Illinois’ hands-free law allows drivers to use hands-free devices and Bluetooth technology while behind the wheel for all drivers over the age of 18.
However, headsets are prohibited, even if you can control the connected device hands-free. A headset is defined as any device that allows you to hear or receive electronic communications. The one exception to this is if you have an earpiece or a single-sided headset connected to a wireless device. Motorcyclists can also use intercom helmets, allowing them to speak to passengers.
Despite this, road safety experts still consider using a hands-free device to be a distraction on the road. Generally, it’s recommended to avoid using hands-free devices, even if it’s not technically against the law. Always pull off to the side of the road if you have to use hands-on and hands-free technology.
What is the Illinois Cell Phone Ticket Cost in 2024?
Tickets for cell phone use while driving are now $164 for first-time offenders, up from $75. You will also be hit with a moving violation. Three moving violations within 12 months result in your license being suspended.
License suspensions largely depend on the severity of the infraction, your driving history, and whether your cell phone use directly or indirectly led to an accident. A court will decide how long your license will be suspended, as well as any other penalties.
What is the Illinois Law for Distracted Driving?
Distracted driving is classified as a moving violation in Illinois. Also known as inattentive driving, it’s placed in the same category as speeding, reckless driving, and DUIs. Under Illinois law, drivers operate under a points system, with each violation racking up more points.
With so many temptations, it can be challenging to stay focused, especially during long drives or when traffic is moving at a snail’s pace. Regarding cell phones, here’s what the law states on these electronic devices:
You cannot have a mobile electronic communication device in your hands at all unless one of the following exceptions applies to you:
- You are calling for emergency assistance.
- You are using “hands-free mode.”
- You are parked on the shoulder of a road.
- Your vehicle is in park/neutral, and the flow of traffic has stopped.
- Your electronic communication device uses a single button to start or stop calls.
In short, it’s recommended that you only talk on the phone in your car when you are wholly stopped or need emergency assistance.
What Can Be Considered a Distraction While Driving?
Distractions can be anything that draws the driver’s attention away from the road and their immediate surroundings. An estimated nine Americans die every day from distracted driving, meaning this is genuinely an issue of life or death.
Before discussing specific distractions, distractions can fall into three major categories:
- Visual Distractions – A visual distraction is anything that results in a driver taking their eyes off the road. If you’re forced to divert your eyes, it’s the equivalent of driving blind, meaning you could miss anything from traffic signals and pedestrians to other cars.
- Manual Distractions – Manual distractions are any distractions leading to drivers taking one or both hands off the wheel. When your hands leave the wheel, you lose the ability to control your vehicle because your reaction times drop.
- Cognitive Distractions – A cognitive distraction impacts your attention or mental focus. For example, if you’re lost in thought, you’re probably not paying attention even if your hands are on the wheel and your eyes are on the road. Cognitive distractions delay reaction times and hobble your decision-making abilities.
Each type of distraction impacts your driving abilities differently. Let’s look at some specific examples of activities that distract you from controlling your one-ton hunk of metal:
- Talking to passengers
- Using your cell phone
- Focusing on the scenery
- Messing with the radio
- Picking up something from the floor
- Eating or drinking
- Adjusting the GPS
- Reaching for items in the car
- Daydreaming
- Lighting a cigarette
- Adjusting the rear-view mirror
- Focusing on external events
In short, just about anything you can do other than to place both hands on the wheel, look forward, and concentrate on the task at hand is a type of distracted driving.
Is it Illegal to Eat While Driving in Illinois?
Illinois has no specific law against eating or drinking while driving. However, just because you can eat while driving doesn’t mean you should. It remains an unsafe practice, with the National Highway Traffic Safety Administration revealing that you’re 1.57 times likelier to be involved in a crash when eating and driving.
Studies have shown that eating while driving is a type of distraction because the chances are you don’t have both hands on the wheel, and you’re more focused on your meal than the road ahead of you. No traffic officer will write you up for eating, but they will ticket you for committing a moving violation, like running a stop sign.
Moreover, you must also consider what happens if you’re involved in an accident. Illinois’ at-fault laws will rightly apportion some of the blame to you if you were distracted while driving.
Illinois Distracted Driving Statistics
Illinois makes up a significant portion of accidents caused by distracted driving. Just because Chicago might see gridlocked roads doesn’t mean people can’t be seriously hurt at low speeds. This is why experienced drivers know how crucial it is to avoid distractions while behind the wheel.
Here are three statistics demonstrating the scale of the problem in the Land of Lincoln and beyond:
- Nationwide Impact – Driver inattention from all sources contributes to more than one million crashes across North America every year. The best-case scenario is a minor fender bender and a trip to the garage, but Americans are killed in alarming numbers due to distracted driving.
- Illinois Crashes – Despite Illinois having a well-established distracted driving law, thousands continue to flout them, with tragic results. In 2020, Illinois reported 9,432 crashes across the state involving a distracted driver.
- Illinois Deaths – In the same year, 3,142 Americans died in Illinois because of distracted driving. Although this number may seem small, there were also 400,000 injuries. Driving safety may have improved markedly, but injuries and deaths remain far too high.
Too many drivers say, “It’ll never happen to me” because they’re good drivers who know how to multi-task, but the stats don’t lie. Drivers of all ages and tenures form part of Illinois’ collection of distracted driving fatalities every year. That’s why Illinois has tightened the penalties for driving while using a cell phone since summer 2024.
Illinois At-Fault Laws and Texting While Driving
Illinois is an at-fault state, meaning who is at fault in an accident matters. Under the state’s modified comparative negligence laws, being found fully or partially responsible for an accident could result in you not receiving compensation. The law states you must be considered less than 50% responsible for an accident to receive monetary compensation.
Texting while driving is as much an offense as taking a call because you are not allowed to have cell phones in your hands while driving, apart from in a select few circumstances. If you’re found to have been texting while driving, it will impact your ability to receive a full compensation claim.
In some cases, if you were texting while driving and caused a serious accident, your moving violation, which is typically a Class C misdemeanor, could be upgraded to a Class A misdemeanor, the highest level of misdemeanor. In addition to not receiving a full settlement as part of your claim through a Chicago personal injury lawyer, you could see your driver's license being suspended and even up to 364 days in jail.
Understanding At-Fault Laws in Illinois
Illinois is an at-fault state, meaning the driver who causes the accident can be held liable for any losses.
Examples of losses that can be claimed by victims under Illinois at-fault laws can include but are not limited to:
- Medical bills
- Lost income
- Property damage
- Vehicle damage
- Pain and suffering
This is why every motorist is required to hold minimum liability insurance, which is sold as part of every auto insurance policy.
How Texting While Driving Affects At-Fault Determinations
Texting while driving is pivotal in at-fault determinations. When an accident occurs, your personal injury attorney will seek to determine if drivers were distracted by something. Crucially, they’ll have to prove it.
The problem with texting while driving is the evidence is there for all to see. You may be required to provide access to your phone if it’s believed that you were texting at the time. With phone records acting as incontrovertible evidence, it’s relatively straightforward to prove that someone was using their phone at the time.
Moreover, eyewitness accounts have proved who was at fault in accidents in thousands of cases involving cell phones. Texting while driving won’t necessarily end your ability to claim compensation, but it will take a big chunk out of any award.
Insurance Implications for At-Fault Drivers Caught Texting
At-fault drivers caught texting are viewed as negligent from an insurance perspective, but what is the Illinois law for car insurance? There's no law other than you must have it. Rates are determined by individual insurers. Auto insurance rates are determined based on risk, so drivers who have seen their licenses suspended in the past always pay more than those with clean driving records.
If you have received a moving violation for cell phone use or caused an accident by texting and driving, it’s a foregone conclusion that you’ll be paying more in monthly car insurance premiums.
Illinois Distracted Driving FAQs
How much is a ticket for being on your phone while driving in Illinois?
Illinois’ new law that came into effect in July 2024 increased fines for cellphone use. Previously, a first offense commanded a fine of $75, but this has now risen to $164. Fines continually increase for subsequent offenses. Moreover, your ticket will also come with a moving violation, thus increasing your insurance rates.
How do I get out of a cell phone ticket in Illinois?
If you believe you were wrongly issued a ticket, contact an experienced Chicago personal injury lawyer to help fight your ticket. If you have a clean driving record, you can request court supervision, but you must qualify, and it’s up to the court to approve it. If granted, you may have to complete traffic safety classes.
Can you hold your phone while driving in Illinois?
Illinois law bans holding a cell phone while driving. The law isn’t about whether you’re actively using your phone but whether it’s in your hand in the first place. So, if you’re holding your phone in one hand and not using it, a traffic officer has the right to pull you over and issue you a ticket.
