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.
Lawrence Kalikhman, Esquire is a summa cum laude and Phi Beta Kappa graduate of Temple University. Mr. Kalikhman received his Juris Doctorate from the Rutgers University School of Law. He has experience in Personal Injury Litigation in Pennsylvania and New Jersey.
Mr. Kalikhman is admitted to practice before state and federal courts in the Commonwealth of Pennsylvania and the State of New Jersey. He is a member of the Pennsylvania, Philadelphia, and Bucks County Bar Associations, as well as the Pennsylvania Association for Justice.
Arkady “Eric” Rayz, Esquire is a summa cum laude and Phi Beta Kappa graduate of Temple University. As an undergraduate, Mr. Rayz was a recipient of the H. Thomas and Dorothy Willits Hallowell Scholarship and Temple University President’s Scholar Award. Mr. Rayz obtained his Juris Doctorate from the James E. Beasley School of Law of Temple University, where he was a staff member and editor of the Temple International and Comparative Law Journal.
Mr. Rayz has broad experience in handling matters in federal and state courts and is admitted to practice in the Commonwealth of Pennsylvania and the State of New York. He is a member of the Pennsylvania and Philadelphia Bar Associations.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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, LLC, 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.
The accomplished Philadelphia text and driving accident lawyers at Kalikhman & Rayz have the impressive legal drive and experience to help skillfully guide your claim toward an advantageous outcome that addresses your full range of losses and supports your most complete recovery. The outcome of your claim is important to your future, so please don’t put off reaching out and contacting or calling us at 267-435-3476 for more information about what we can do to help you today.