Every driver in Pennsylvania has a duty under state law to stay focused on the road to minimize the risk of accidents. Reading, writing, or sending text messages behind the wheel are violations of this duty and can make a driver civilly liable for an ensuing accident.
That said, filing suit and getting paid fairly after a texting while driving car accident in Bensalem can be a lot harder than it might seem. Help from a winning car accident lawyer is crucial to getting a good result from this kind of claim. Ostroff Godshall Injury and Accident Lawyers will provide the tailored support you need to get every cent of compensation you deserve.
State Laws for Texting While Driving
In Pennsylvania, it’s against the law to use an “Interactive Wireless Communications Device” to read, write, or send text-based communication while driving a vehicle in motion. In this context, “Interactive Wireless Communications Device” applies to cell phones as well as tablets, laptops, and anything else that can connect to the Internet or mobile messaging.
It is legal for someone to speak on the phone while driving if they have their phone in hands-free mode. A driver may also text while their vehicle is completely stopped, such as in a parking lot. However, anyone who violates the texting while driving law may face a $50 fine and civil liability for any ensuing wreck. As your Bensalem attorney can explain, texting while driving is a traffic law violation, which counts as a “breach” of every driver’s duty to act responsibly behind the wheel.
Proving a Driver Was Texting in Bensalem
In some situations, holding someone else at fault for texting and causing a car accident is as simple as referencing the police report by the officer who responded to the crash scene. If that report includes a citation for violating Pennsylvania’s law against texting while driving, this could serve as strong evidence that the cited driver was negligent and therefore liable for accident-related losses.
If there isn’t a citation in the police report, you may have to find other evidence proving the driver’s negligence. Your local attorney can work to gather evidence that the other driver was texting and incorporate that information into a lawsuit or settlement demand. Depending on the circumstances, this could mean talking to witnesses and other people involved in the crash, obtaining recordings from surveillance or dashboard cameras, or even subpoenaing cell phone records to see when specific text messages were sent or read.
Talk to a Bensalem Attorney About a Texting While Driving Car Accident Claim
Proving that other people are at fault for texting while driving car accidents in Bensalem can be complicated, even if you have significant evidence supporting your side of the story. Fortunately, assistance is available from the renowned attorneys at Ostroff Godshall Injury and Accident Lawyers.
Our firm knows how to fight and win on behalf of people just like you. In one case, we won a $900,000 settlement for a client injured in a crash caused by a distracted commercial truck driver. We obtained cell records to prove that the trucker used his phone at the time of the collision. Contact our firm today to discuss your situation and learn how we can put our experience to work for you. You won’t owe us anything until we win the compensation you deserve, so call us to set up a free consultation.
