In an era where smartphones have become an integral part of our lives, the issue of distracted driving accidents has gained significant attention. Texting while driving has emerged as one of the most dangerous forms of distraction on the roads, leading to a surge in car accidents. You might be wondering if you can sue a texting driver for their negligence if they caused an accident that you were involved in. This article will explore the legal implications of suing a driver for texting while driving in Pennsylvania.
Understanding Distracted Driving Laws in Pennsylvania:
Pennsylvania law recognizes the dangers of distracted driving and has implemented legislation to address this issue. The primary law that pertains to texting while driving in the state is known as the "Texting While Driving Law" or Title 75, Section 3316. Under this law, it is illegal for any driver to use a wireless communication device to send, read, or write text messages while the vehicle is in motion. This includes text messages, emails, and internet browsing. The law applies to all drivers, regardless of age or license type.
Establishing Negligence in Texting While Driving Cases:
To sue a driver for texting while driving, you need to establish negligence on their part. Negligence is a legal concept that involves proving four key elements: duty of care, breach of duty, causation, and damages. In the context of texting while driving, you must demonstrate that the driver had a duty to operate their vehicle safely, breached that duty by texting, their actions directly caused the accident, and you suffered injuries or damages as a result.
Gathering Evidence:
Building a strong case requires compelling evidence. In texting while driving cases, evidence can include:
- Eyewitness accounts: Statements from individuals who witnessed the driver texting while driving can greatly support your case.
- Police report: If law enforcement responded to the accident, their report can serve as valuable evidence, noting any observations regarding distracted driving.
- Phone records: Obtaining the at-fault driver's phone records can establish whether they were texting at the time of the accident.
- Expert testimony: Accident reconstruction experts or technology experts can provide professional opinions on the role of texting in the accident.
Comparative Negligence in Pennsylvania:
According to Pennsylvania's comparative negligence law, if the court finds that you contributed to the accident in any way, your potential compensation for damages may be lower. However, as long as you are less than 50% responsible, you may still be entitled to recover compensation for your injuries and losses.
Seeking Damages:
If you succeed in proving the driver's negligence, you may be entitled to various types of compensation, including:
1. Medical expenses: Reimbursement for current and future medical bills related to your injuries
2. Lost wages: Compensation for income lost due to the accident, including potential future earnings
3. Pain and suffering: Damages for physical and emotional distress resulting from the accident
4. Property damage: Compensation for repair or replacement of your vehicle or other damaged property
5. Wrongful death: If a distracted driving accident results in a fatality, the surviving family members may pursue a wrongful death claim
Statute of Limitations:
It is crucial to be aware of the statute of limitations, which sets a time limit on filing a lawsuit. In Pennsylvania, the statute of limitations for personal injury cases, including those related to texting while driving accidents, is generally two years from the date of the accident. Failing to file a lawsuit within this timeframe may result in losing your right to seek compensation.
Consulting with an Experienced Attorney:
Suing a driver for texting while driving can be a complex legal process. It requires gathering evidence, proving negligence, and navigating Pennsylvania's legal system. Consulting with an experienced personal injury attorney, such as van der Veen, Hartshorn, Levin & Lindheim, can greatly increase your chances of a successful claim. A skilled attorney will guide you through the legal process, protect your rights, and work to maximize your compensation.
Key Takeaway:
Texting while driving is a dangerous behavior that can have severe consequences for everyone on the road. In Pennsylvania, you have the right to sue a driver who negligently engages in texting while driving and causes harm to you or your property. By understanding the relevant laws, proving negligence, and seeking legal representation, you can pursue compensation for your damages and hold distracted drivers accountable for their actions. If you find yourself in such a situation, it is advisable to consult with an experienced personal injury attorney who can guide you through the legal process and help protect your rights. Remember, taking legal action not only seeks justice for yourself but also serves to discourage others from engaging in this dangerous behavior, ultimately making the roads safer for everyone.
Contact van der Veen, Hartshorn, Levin & Lindheim Today for a Free Consultation About Your Distracted Driving Accident
Have you or a loved one suffered personal injury, loss, or property damage due to a distracted driving or texting while driving accident? Don't let negligent drivers get away with their dangerous behavior. At van der Veen, Hartshorn, Levin & Lindheim, we are here to fight for your rights and help you obtain the compensation you deserve.
Navigating the aftermath of a car accident can be overwhelming. Our dedicated team will guide you through the legal process, handle all communications with insurance companies, and provide regular updates on your case's progress. You can focus on your recovery while we handle the legal complexities.
Don't wait to seek justice if a distracted driving accident has affected you or a loved one. Contact us today for a free, no-obligation consultation. Let's start building a strong case to hold negligent drivers accountable and secure the compensation you deserve. Your road to recovery begins here.