What Happens When the At-Fault Driver Was Texting or Distracted?
If you’ve been involved in a car accident where the at-fault driver was texting or distracted, you may be wondering how this impacts your case. Distractions behind the wheel have become a major factor in many traffic accidents, and they can significantly influence the way the law handles a personal injury case.
If you are a victim of an accident caused by distracted driving, you could be entitled to compensation for your injuries and damages.
At Alpha Omega Law Firm, LLC, located in Chadds Ford, Pennsylvania, the personal injury lawyer has extensive experience in handling cases involving distracted drivers. Texting or other distractions while driving is a form of negligence that can be proven, often making it easier to establish liability in a personal injury case.
Let’s take a look at how the law addresses distracted driving, what you can do as a victim, and the legal steps you need to take in Pennsylvania.
What Is Distracted Driving?
Distracted driving occurs when a driver’s attention is diverted from the road to something else. It is a serious issue that has been recognized by both state laws and federal regulations due to the severe risk it poses to all road users. Distracted driving can be categorized into three main types:
Visual distraction: The driver takes their eyes off the road, such as when they look at a phone or GPS.
Manual distraction: The driver takes their hands off the wheel to perform an action, such as texting or adjusting the radio.
Cognitive distraction: The driver’s mind isn’t focused on driving, often due to talking on the phone, eating, or daydreaming.
Texting while driving is a particularly dangerous form of distraction because it typically involves all three types—looking at the phone, using hands to type, and mental distraction. In Pennsylvania, texting while driving is illegal, making it a serious offense that can affect both the driver’s liability and the damages in a personal injury case.
How Does Texting or Distracted Driving Affect Personal Injury Claims?
If the at-fault driver was texting or otherwise distracted at the time of the accident, this can significantly influence your personal injury claim. Texting is often considered an example of negligent behavior because the driver failed to exercise reasonable caution while on the road. Here’s how this affects your case:
Establishing liability: Distracted driving is considered a form of negligence. When you can prove that the other driver was texting or distracted, it strengthens your claim that the driver was at fault for the accident.
Evidence of negligence: Evidence, such as phone records, surveillance footage, or eyewitness testimonies, can be used to prove that the other driver was texting or distracted at the time of the crash.
Higher chance of compensation: In many cases, distracted driving leads to more severe accidents, including rear-end collisions, T-bone accidents, or even rollovers. This often results in significant injuries that may increase the potential compensation you could receive in a personal injury case.
Proving distracted driving, such as texting, significantly bolsters your personal injury claim by establishing clear negligence and potentially increasing your compensation for severe injuries.
Steps to Take After a Distracted Driving Accident
If you are involved in an accident with a distracted driver, there are several important steps to take in order to protect your legal rights and build a strong personal injury case. These steps include gathering evidence, seeking medical attention, and contacting a lawyer.
1. Seek medical attention immediately: Even if you don’t feel injured at first, it’s important to get checked by a doctor. Some injuries, like whiplash, may not be immediately apparent, and having a medical record can strengthen your case later on.
2. Document the accident: Take photos of the scene, your injuries, and any damage to your vehicle. Gather contact information from witnesses and the other driver, including their insurance details.
3. Call the police: An official police report can be a vital part of your case. The report will include details about the crash and, if applicable, any signs of distracted driving, such as texting or erratic driving behavior.
4. Gather phone records: If you suspect that the other driver was texting or using their phone while driving, obtaining their phone records can be an important step in proving negligence. In Pennsylvania, this can be done through a subpoena.
5. Contact a personal injury lawyer: A skilled personal injury attorney can help you gather evidence, build your case, and negotiate with the insurance company. A lawyer will assure that your rights are protected and that you receive the compensation you deserve.
Taking immediate and thorough steps after a distracted driving accident, including seeking medical care and consulting a lawyer, is crucial to building a strong case and securing fair compensation.
How Pennsylvania Law Handles Distracted Driving Accidents
In Pennsylvania, texting while driving is prohibited for all drivers. This includes writing, reading, or sending text messages, emails, or any other form of written communication while the vehicle is in motion. Violating this law can result in a citation, and if it leads to an accident, it can be considered an aggravating factor in your personal injury case.
When the at-fault driver was texting or distracted, the legal implications could vary based on the circumstances of the accident. If the driver was texting and this caused an accident, the court may view this as a form of negligence or reckless driving. Distracted driving accidents are often treated with more severity, especially when injuries are involved.
What Can Be Used as Evidence in These Cases?
To prove that a driver was texting or otherwise distracted, evidence plays a critical role. Key pieces of evidence in distracted driving accidents may include:
Phone records: Phone companies can provide records showing the time a message was sent or received and whether the driver was texting at the time of the crash.
Eyewitness testimonies: If there were witnesses to the accident who saw the driver using their phone, their statements can help corroborate your claim.
Traffic camera footage: In some cases, nearby traffic cameras or surveillance cameras may have captured the accident or the driver’s behavior before the crash.
Police reports: A police report can document if the officer believed the other driver was distracted at the time of the accident.
Gathering and presenting this evidence effectively can significantly strengthen your case and increase the likelihood of holding the distracted driver accountable for their actions.
Compensation Available in Distracted Driving Personal Injury Cases
If you have been injured in a car accident caused by a distracted driver, you may be entitled to compensation for a variety of damages. This could include:
Medical bills: Compensation for hospital visits, surgeries, prescriptions, and rehabilitation services.
Lost wages: If your injuries prevent you from working, you may be entitled to compensation for the income you’ve lost due to your accident.
Pain and suffering: Distracted driving accidents often cause significant physical pain, emotional distress, and long-term suffering. This can be factored into your compensation.
Property damage: The cost of repairing or replacing your vehicle can also be included in your compensation claim.
In cases involving texting or other forms of distracted driving, the severity of the injuries can result in higher compensation. This is due to the potential for serious accidents, such as head-on collisions or severe rear-end crashes, that are often caused by a distracted driver.
Why You Need a Lawyer for Your Personal Injury Case
Distracted driving accidents can be complicated, especially when it comes to gathering evidence and proving negligence. Having an experienced personal injury lawyer can help make sure that your case is handled effectively. A lawyer can:
Investigate the accident: A lawyer will gather all the necessary evidence, including phone records, witness testimonies, and police reports, to build a strong case.
Negotiate with insurance companies: Insurance companies often try to settle cases quickly and for less money than they’re worth. A lawyer can help you negotiate for fair compensation.
Represent you in court: If your case goes to trial, a lawyer can represent you and fight for the compensation you deserve.
Having a skilled lawyer at your side assures that you don’t have to face the complicated legal process alone. They will fight for your rights and help you receive the compensation needed to recover from your injuries.
Get in Touch Today
If you’ve been involved in an accident caused by a distracted driver, you don’t have to handle the aftermath alone. Alpha Omega Law Firm, LLC is here to help you with your personal injury claim. We serve Chadds Ford, Pennsylvania, and surrounding areas. Contact us today to discuss your case and get the legal support you need.
