(235+)Distracted driving is an epidemic in both Pennsylvania and throughout the United States. A driver who does not have their eyes on the road and their hands on the wheel is a danger to everyone else in their vicinity. They could cause an accident at high speed, which could result in serious injuries. If you or a loved one has been injured in a distracted driving accident, you may be entitled to financial compensation. Contact the Philadelphia car accident attorneys at Gibbons & Crichton, Personal Injury & Accident Lawyers to learn more about a possible legal case.
Examples of Distracted Driving in Pennsylvania
Because of media awareness, people tend to think that distracted driving is limited to texting or using a mobile device when behind the wheel. The truth is that the category of distracted driving is far broader than that. Distracted driving encompasses anything that takes your attention off the road when you are driving a motor vehicle.
In addition to using a smartphone, distracted driving may also include:
- Eating and drinking (any type of food or beverage)
- Using the infotainment screen when driving
- Changing channels on the radio
- Conversing with passengers in the car
- Listening to loud music
- Applying makeup
Laws and Regulations in Pennsylvania Regarding Distracted Driving
Like many other states, Pennsylvania has a strict law prohibiting the use of a handheld mobile device while driving. Unfortunately, state law does not impose high penalties on drivers who text behind the wheel. Police officers may pull motorists over for using a handheld device as a primary offense, and the driver may be fined $50 for their actions, although there are no points assessed.
The number of distracted driving citations in Pennsylvania has fallen slightly in recent years.
However, this does not necessarily mean that texting laws are effective. The reduced number of tickets could simply mean that officers are either not catching distracted drivers or not taking the same action to enforce the law. Even though Philadelphia County makes up roughly 13% of the state’s population, only about 4% of distracted driving citations are issued in the county. This does not mean that Philadelphia has less texting while driving; it just means that officers may enforce the law less frequently.
The fact that the police officer issued a ticket may be vitally important when you are determining liability for a distracted driver crash. If a driver pleads guilty to a traffic offense, the evidence of their plea can be used in a civil lawsuit.
If the driver is engaged in other forms of distraction that are not necessarily illegal, the implications of their actions are still apparent when it comes to determining liability. For example, if a driver veers out of their lane because they are eating (eating behind the wheel is not illegal per se), a driver can still be cited and liable for an unsafe maneuver.
Why Distracted Driving Accidents Are More Serious
Distracted driving accidents are more serious because a motorist could completely miss vital cues. They may make little effort to stop when they are traveling at a high speed or may be unable to take any type of evasive action when they are in danger of an accident.
High-speed car accidents are more likely to cause serious injuries, as there is more force unleashed in such a crash. In addition, you may have little chance to brake or anticipate what the distracted driver may do because their actions are unpredictable.
Distracted driving accidents, on average, result in more serious injuries and fatalities. When a driver takes their eyes off of the road for any amount of time, they completely cede control of what happens to both their car and other vehicles on the road.
Proving Distracted Driving
In any car accident case, you have a legal obligation to prove negligence as a prerequisite for receiving a settlement offer. In some cases, the driver’s actions could speak for themselves. For example, if a motorist rear-ended you, they would be presumed negligent in a car accident case, regardless of whether or not they were distracted.
There are reasons why you may have an incentive to prove that the other driver was distracted.
Liability may be in dispute in a case, with both drivers telling distinctly different stories. You would then need to demonstrate that the other driver was distracted to buttress your contentions and evidence. You may need leverage over the other driver’s insurance company when there are difficulties in settlement negotiations. They are less likely to fight you to the end if you have proof that their driver was distracted.
You may have physical evidence that shows the driver was distracted. Most often, this evidence is the testimony of other motorists on the road who saw what the driver was doing at the time of the accident. A police officer may also have issued a citation for texting while driving to the driver at the scene of the accident. Insurance companies would consider this when they are determining liability.
You may need to obtain the other driver’s cell phone records to prove they were texting or talking on the phone. An experienced car accident lawyer would subpoena these records through the court. When the other driver’s cell phone carrier is served with the subpoena, they would need to provide you with cell phone records.
Contact Our Experienced Philadelphia Car Accident Lawyers
At Gibbons & Crichton, Personal Injury & Accident Lawyers, our job is to keep the insurance company from forcing you to accept a smaller compensation offer or none at all. When you hire our lawyers for your case, you have enlisted legal professionals the insurance companies fear.
You can begin your legal case after a car accident by contacting us through our website or by calling us today at 215-274-0173. We will discuss your case with you in a free initial consultation.
