Drivers Who Text Violate Pennsylvania Law
Drivers are banned from using their cell phones to read, send, or receive written communication while their vehicle is in motion, according to 75 Pennsylvania § 3316. Although the penalties for this offense are not very severe, a driver may face serious repercussions if an accident results from their failure to give their full attention to the road. If someone injured a vehicle accident could prove that a driver was texting, the driver could be found negligent and liable for damages.
Negligence is a failure to use reasonable care which results in an injury to someone else. If an injured person seeks to file a claim against the other driver, their attorney needs to demonstrate that the driver did not provide the necessary duty of care to other people on the road, and their negligence caused the accident.
Insurance Coverage Determines Options
The state allows drivers to choose full tort or limited tort liability insurance coverage. The type of coverage will determine the way an injured person can seek compensation for injuries caused by a distracted driver.
If the injured person has automobile insurance and opted for full tort coverage, they can seek damages from the insurer of the driver who was texting and caused the accident. Damages could include payment for the injured driver’s pain and suffering, lost enjoyment of life, mental anguish, and other subjective consequences of the crash. If negotiations do not result in a fair settlement offer, an injured person with full tort coverage has the option to bring a lawsuit against the negligent driver.
If an injured person has limited tort coverage, they must seek compensation from their own insurer, regardless of fault. Unless an exception applies, their payments will be limited to their out-of-pocket expenses, and they cannot seek payment for pain and suffering or other intangible losses.
Regardless of the type of coverage, any insurance settlement could be subject to negotiation. A dedicated attorney from McDonald At Law who has experience handling texting while driving cases could ensure that an injured person receives fair compensation for their losses.
Injured Person’s Negligence Affects Damages
Many car accidents result from the combined negligence of more than one person. If another driver was texting but the injured person was speeding, it could be unfair to assign the texting driver all the blame for the accident.
Pennsylvania law recognizes that an injured person’s negligence could have contributed to their accident. The injured person could still collect damages from others who are at least as negligent, but their damages will be adjusted to reflect their degree of fault.
Establishing degrees of fault is often the subject of fierce negotiation. A skilled Lancaster attorney could investigate the circumstances of a crash and present evidence, including witness statements and cell phone records, proving that the other driver’s texting was the primary cause of the wreck.
A Lancaster Texting While Driving Accident Attorney Could Take on Your Case
Establishing negligence in a car accident case involving texting can be difficult without the assistance of legal counsel. If you are trying to get a fair settlement for your injuries, you may need a qualified professional to represent your interests. Fortunately, Lancaster texting while driving accident lawyer could work diligently to prove that the distracted driver should be held liable for your injuries. Schedule a consultation right away to learn more.
