Have you or a family member been injured in an accident with a driver who was texting? You may be curious about your legal rights.

  • Is the other driver liable for my medical bills?
  • How will I support myself while I'm out of work?
  • Do I have a case for a lawsuit?
  • What other damages could I recover?

We understand the stresses you're dealing with after your accident. When you're ready to hold the other driver accountable, we'll be here waiting.

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Our experienced car accident attorneys are prepared to hold negligent drivers liable for carelessness that leads to an accident. We'll fight for the compensation you deserve.

— Brian Mittman, Esq.

The dangers of texting while driving may seem obvious. A driver who is texting has at least one hand away from the wheel and their eyes away from the road. However, the statistics prove that these dangers are anything but common sense - 77% of polled drivers said they were “very or somewhat confident” that they can safely text while driving.

This overconfidence has made our nation’s roads and highways much more dangerous. An accident is 23 times more likely to occur when texting is involved.

While it may seem easy to take a few seconds to glance at or send a text message, these few seconds are all it takes to cause a serious accident. Five seconds is the minimum amount of time required to send a text message. While this may not sound like a lot, anyone who’s been in a car accident knows that they can be caused by very short lapses in judgment or distractions.

Texting Vs. Drunk Driving

Unfortunately, even safe drivers are affected by this dangerous habit. While we’re all aware of the countless victims of drunk drivers, many people don’t realize the extreme danger texters pose to fellow motorists. In fact, texting while driving is arguably more dangerous than drunk driving. According to a study by the Transport Research Laboratory, texting decreases reaction times by about 35%, compared to 12% for drunk drivers.

While drunk drivers are generally scorned by society, texting while driving has not yet received the same stigma. Campaigns to promote awareness of these dangers are a good start, but it’s important that we view the safe drivers affected by texting as victims, just as those affected by drunk drivers.


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Legal Statussmartphone texting while driving

Lawmakers have taken note of skyrocketing accident statistics associated with this reckless habit. Forty-six states, including Pennsylvania, have passed legislation to ban texting behind the wheel. Pennsylvania has also made texting a primary offense, meaning that police are permitted to stop a driver solely on the suspicion that they are texting. Unfortunately, the punishment is fairly lenient - at only a $50 ticket.

However, in November of 2016, Pennsylvania Governor Tom Wolf signed a bill called Daniel’s Law, which increases penalties for drivers who cause an accident by texting. Such drivers could face between 2 to 5 years in prison.

This law is named for Daniel Gallatin, a 68-year-old motorcycle rider who was struck from behind and killed by a woman who was texting at the time of the accident. This woman was sentenced to only 23 months in prison and served just 60 days. The Gallatin family fought to raise awareness of this issue and to pass the legislation.

Proving Negligence

Unfortunately, many PA police departments have claimed that these laws are difficult to enforce. Unless an officer has a closeup view of the driver, it’s difficult to prove that they are texting. They may be engaging in another distracted driving activity, such as adjusting the radio.

However, if you’ve been in an accident and suspect that the other driver was texting, it is possible to prove it. Make sure to contact a reliable personal injury lawyer as soon as possible following an accident. A shrewd attorney may be able to acquire the cell phone records of the other party, which could prove that a text was being sent at the time of the accident.

Civil Recourse

While it’s important to hold texting drivers criminally responsible for the accidents they cause, a guilty verdict won’t help compensate for the serious setbacks many victims may experience in the aftermath of their accident. In these instances, civil courts can help fill the gap by awarding compensation for the variety of issues accident victims face, including:

  • Medical bills - Severe or chronic injuries may result in unmanageable medical bills. The at-fault party may be forced to cover these expenses if negligence is proved.
  • Quality of life - If your accident has left you permanently disabled, or is preventing you from engaging in work or other activities which you were capable of performing prior to the accident, the defendant may be forced to financially compensate you for a loss of quality of life.
  • Lost wages and missed work - Financial compensation may be awarded to cover lost earnings as a result of the accident, which includes salary as well as bonuses, pay raises, and promotions.
  • Wrongful death - Losing a family member to a distracted driver creates an emotional wound which may never fully heal. However, financial compensation can help to make the grieving process more bearable by taking care of medical expenses, funeral and burial expenses, lost financial support for family and surviving children, and lost earnings.

If you or a family member has been the victim of a crash caused by a distracted driver, you and your family may be suffering in a variety of ways. During this stressful time, you may be unsure of the next steps. Since the PA statute of limitations is only two years, it’s important to contact an attorney as soon as possible. He or she can begin building a case for you and earn the compensation you need in order to recover physically, mentally, and financially.

Further Reading

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