Under Pennsylvania law, it’s illegal for anyone of any age to use an Interactive Wireless Communication Device—which covers not just cell phones but also larger devices like laptops and tablets—to send, read, or write text-based messages while in control of a moving vehicle. However, the penalties associated with this offense aren’t especially severe for most drivers, and unfortunately, that contributes to a lot of people ignoring this rule and texting behind the wheel anyway.
Someone who acts irresponsibly in this way and causes a wreck as a direct result can and should be held legally liable for any harm they caused you through that crash. If you’ve been hurt in a texting while driving car accident in York, our winning auto accident lawyers are ready to help you demand every cent of compensation you deserve for the injuries you should never have sustained.
When Can You Sue Someone Over a Texting While Driving Crash?
Since texting while driving is against Pennsylvania law, anyone who causes a car accident in York while doing it has violated the duty of care they have to act lawfully and safely on the road. A person texting and driving can be considered legally at fault for that accident based on their negligence. Unlike drunk driving, though, texting behind the wheel isn’t currently irresponsible enough to serve as an exception to Pennsylvania’s limited tort laws.
If you have full tort car insurance coverage, you don’t need to worry about this, but people with limited tort policies are usually prohibited by law from filing lawsuits over car accidents unless they suffer a serious injury or fall into one of a few other exceptions. Even if you can’t sue a texting driver, though, you can always seek compensation on a no-fault basis through your own insurance coverage and potentially theirs for any losses covered by the relevant policies, a process our skilled attorneys can help you get the best possible result from.
Proving Someone Else Was Texting Behind the Wheel
If you do have grounds to file a lawsuit or demand a private settlement over a texting while driving auto accident in York, you and your attorney need to prove negligence by the person you’re suing in order to make them pay for your injuries and losses. Sometimes, this is as simple as referencing a police report compiled by officers who responded to your crash scene and, more specifically, pointing out that the other driver was cited for texting behind the wheel after your wreck.
In other situations, you’ll need to collect evidence to prove someone else civilly liable for a texting while driving crash, possibly including things like:
- Dashboard and surveillance camera footage
- Testimony from witnesses to the crash
- Photos and videos of the crash scene
- Input from accident reconstruction experts
- Subpoenaed cell phone records
Our experienced legal team can help you find and preserve all the information you’ll need to construct a strong civil claim.
Talk to a York Attorney About a Possible Texting While Driving Car Accident Claim
Texting behind the wheel is dangerous in every situation, no matter who’s doing it or how careful they think they’re being. Anyone who’s gotten seriously hurt in a wreck caused by someone acting recklessly in this way should take full advantage of any legal right they have to demand compensation from the person who caused them harm.
Our attorneys have years of experience handling texting while driving car accidents in York. Call today to discuss your legal options in a free, no-obligation consultation.
