Reckless Homicide: Texting Can Be Fatal

In a landmark case, a teenage driver was sentenced to one year in prison and a given a 15-year suspension of his license after he was convicted of running down a 55-year-old man while he was texting. Although he claimed that he was not texting at the time of the impact, the cell phone records proved otherwise.

Driving while texting in Illinois is illegal

Under Illinois law, only the drivers listed below may use a texting communication device::

• A police officer or operator of an emergency vehicle in the course of official duties
• A driver reporting an emergency
• A driver using a hands-free or voice-activated device
• A driver of a commercial vehicle reading a specially designed, permanently installed screen
• A driver stopped because of traffic congestion with the car in park or neutral

Reckless homicide

In Illinois, a defendant who unintentionally causes the death of another person while driving a motor vehicle in a reckless manner is guilty of reckless homicide. A defendant is guilty of reckless conduct when the defendant is aware of the risks posed by the conduct and disregards those risks. A defendant is guilty of reckless driving when the defendant drives with “willful or wanton disregard” for the safety of others.

Although Illinois law does not identify texting while driving as a specific element of reckless homicide, texting while driving is illegal and could form the basis of a prosecution, since there has been sufficient evidence collected to demonstrate that it poses a substantial risk of harm to others.

According to statistics collected by the Centers for Disease Control and Prevention, on any given day, more than nine people are killed and some 1,060 are injured in motor crashes involving distracted drivers. Drivers are distracted when their attention is drawn elsewhere because they have taken their eyes off the road, their hands off the wheel, or their concentration away from their driving. Texting while driving involves all three distractions at one time.

Defenses and consequences

Reckless homicide is a serious felony with criminal and civil consequences, including the potential loss of insurance coverage and the imposition of substantial civil damages. A conviction becomes part of your record and could have a negative effect on your future employment, education, professional licensing, and housing opportunities. It requires the astute guidance of a knowledgeable attorney who can chart the best course in your defense.

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