Philadelphia Texting and Driving Accident Lawyer
Distracted driving is an especially dangerous practice, and there is no distraction more deadly than texting. When a motorist is more interested in what they see on the screen of their phone than in driving safely, it makes our roadways far more dangerous for everyone on them. If you’ve been injured by a texting motorist, an experienced Pennsylvania text and driving accident lawyer can help.
How Can the Police Prove that Your Texting Caused an Accident in Pennsylvania?
If you saw the motorist who caused you to be injured texting behind the wheel, you know that this form of negligence was to blame, but you may wonder how you can prove it. If the texting motorist caused you to experience significant losses – or legal damages – there are ways to go about proving that the other driver was texting.
Cell Phone Records
The police – or an injured party – can often obtain a negligent driver’s cell phone records, which can help determine if they were on the phone at the time you were injured. Your text and driving accident lawyer can also subpoena the driver’s cell phone provider for the records in question. Cell phone data can indicate when a motorist was receiving and sending texts, and this information can help you establish your claim that the driver was texting – or not paying adequate attention to the road – when they caused the accident that left you injured.
Eyewitness Testimony
If there are eyewitnesses who saw the motorist playing with their phone behind the wheel, it can help strengthen your claim that their distraction caused the accident considerably. Eyewitnesses can also be counted on to take photos and videos of accidents as they transpire and at the scene, and this form of evidence can prove invaluable.
Evidence at the Scene
Physical evidence at the scene can also bolster your claim. For instance, if the other driver leaves no skid marks prior to the accident, it’s a good sign they did not hit the brakes in response, which is – in turn – indicative of being distracted. There are other accident specifics that can also help support this premise.
Is It Illegal to Text and Drive in Philadelphia, PA?
Throughout the State of Pennsylvania, it is illegal to use a wireless device, such as a hands-free smartphone – to send, read, or write texts while one’s vehicle is in motion. The fine for a conviction is $50, and this state law applies regardless of any local or city ordinances – which can only strengthen the legal limitations and cannot diminish them. In other words, it is illegal to text and drive in Philadelphia, PA.
Texting Is the Most Alarming Distraction
The National Highway and Traffic Safety Administration (NHTSA) reports that texting is the most alarming distraction out of a long list of dangerous distractions. When a driver turns their attention to a text when traveling at highway speeds, the average of 5 seconds they dedicate to the text translates to driving about the length of a football field without paying attention to what they’re doing.
In order to appreciate exactly how dangerous texting while driving is, it helps to know that it is the one activity that manages to envelop every form of distraction, including:
- Distractions that engage one’s thoughts
- Distractions that engage one’s hands
- Distractions that engage one’s vision
How Can You Get Cell Phone Records?
The police or a party to an accident can obtain text message data to help prove a distracted driving case by obtaining a subpoena for the wireless phone provider’s records. From here, they can establish whether or not the driver accused of being distracted was sending and receiving texts – or engaging in some other dangerous smartphone activity – at the time of the accident. When there is an overlap in the timing, this evidence can be quite compelling.
"The outcome of a case often comes down to preparation. We build every claim as if it may go to trial."
Who Pays for My Injuries if I Was Involved in a Car Accident with a Distracted Driver?
If a texting driver causes you to be injured in a car accident, you can seek compensation for your full range of physical, financial, and emotional losses in your car accident claim, which you’ll file through their insurance provider.
Property Damage to Your Car
Car accidents typically cause property damage to the vehicles involved, and the price tag attached can be considerable. The more serious the accident, the more likely your car is to be totaled.
Your Medical Costs
The injuries you sustain in a car accident that was caused by a texting driver can be immense and ongoing. Failing to obtain compensation that fairly addresses your complete care needs can jeopardize your ability to fully recover.
Your Lost Income
While you focus on your recovery, you can expect to be off the job and experience a decrease in income as a result. The matter will be that much more serious if your earning potential is affected.
Your Pain and Suffering
The pain and suffering associated with a car accident that was caused by someone else’s negligence can be one of the most difficult losses to overcome and should not be overlooked.
Texting and Driving Statistics in Pennsylvania
The Pennsylvania Department of Transportation shares that while overall traffic fatalities decreased in 2022 to 1,179 from 1,230 the year prior, there were significant increases in relation to distracted driving, which includes texting behind the wheel. In fact, distracted-driving fatalities reached a 10-year high in 2022 – with 80 deaths caused by distracted driving, which is up from 60 deaths in 2021, an increase of more than 20 percent.
Turn to Dedicated and Aggressive Distracted Driving Lawyers
When you choose a lawyer at our firm to handle your accident or injury case, you can expect your auto or bicycle accident attorney to look into how and why the accident happened, thoroughly answer any questions you have, and, most importantly of all: make sure you receive just compensation. Your lawyer may also speak with other experts to make sure your case has a positive outcome.
Here at Kalikhman & Rayz, we take pride in giving each and every client the personalized attention he or she deserves. To get in touch with an automobile accident or personal injury attorney at our Philadelphia office, reach out to us today.
Our Process for Your Case
Here's our step-by-step process:
Meet With Us
We'll listen to your story, answer your questions, and explain what you can expect moving forward.
Focus on Recovery
Your health comes first. While you receive treatment, we stay in touch and begin building the foundation of your case.
Build Your Case
We gather evidence, review medical records, and document the full impact of your injuries.
Evaluate Your Claim
We assess your case, prepare your claim, and begin negotiating with the insurance company.
Fight for Your Future
If the insurance company refuses to treat your case fairly, we're prepared to move forward with litigation and continue advocating for you.
Put a Team on Your Side That Fights to Win
Choosing the right injury lawyer can make the recovery process less stressful. Our attorneys personally handle your case, keep you informed, and fight for the compensation you deserve. Contact us today for a free consultation before your filing deadline expires.
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Offices Across Southeastern Pennsylvania
Our firm serves the greater Philadelphia area and the rest of Southeast Pennsylvania. You can visit us or call us at one of our conveniently located offices:
FAQs
What compensation is available after a texting and driving accident in Philadelphia?
Victims of texting and driving accidents in Philadelphia may recover medical expenses, lost wages, pain and suffering, and future treatment costs. A Philadelphia car accident lawyers evaluate damages carefully and pursue full compensation under Pennsylvania negligence laws.
Is texting while driving illegal in Pennsylvania?
Yes, texting while driving is prohibited under Pennsylvania law and may establish negligence in accident cases. A Philadelphia car accident attorneys from Kalikhman & Rayz, explain applicable statutes, document violations, and use evidence of distracted driving to strengthen liability claims.
How can you prove the other driver was texting at the time of the crash?
Proving texting while driving may involve phone records, witness testimony, surveillance footage, and electronic data analysis. We conduct detailed investigations, obtain necessary records, and present compelling evidence to establish distracted driving.
Can I still recover compensation if I was partially distracted in Philadelphia?
Pennsylvania comparative negligence law allows recovery even when partial distraction is alleged. At Kalikhman & Rayz, our legal team evaluates fault percentages, counters defense arguments, and pursues compensation proportionate to responsibility under applicable state personal injury standards.
Resources for Injury Victims
The aftermath of an accident can be a lot to handle. Here are some resources to get you started before you call our team:
How to Report an Accident to Insurance in Philadelphia
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Understanding the Timeline of a Philadelphia Car Accident Claim
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Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
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