It is hardly uncommon to see someone with their nose buried in their smartphone, but one place no one should ever be distracted by their cell phone is behind the wheel of a moving automobile. Unfortunately, many motorists every day allow themselves to be distracted by their mobile phones, which could ultimately lead to texting while driving car accidents in Allentown.
When you have sustained harm from a car wreck due to a distracted driver, you may be able to justify civil litigation against the negligent party. It is wise to consult a skilled auto accident attorney to ensure that you receive just compensation for the harm you have sustained for your specific injuries and losses.
Under 75 Pennsylvania Consolidated Statutes § 3316, it is against the law for anyone operating a moving motor vehicle on public Pennsylvania roads to use an interactive wireless communications device to read, write, or send a text message. This fine carries a $50 fine plus fees and court costs and does not result in any points being assessed against the convicted driver’s license.
More importantly, texting while driving is a breach of legal duty, and all Allentown drivers must act lawfully and responsibly behind the wheel at all times. Anyone who causes a collision through such a breach is legally negligent and, therefore, financially liable for ensuing damages if the incident directly results in someone else sustaining an otherwise avoidable injury requiring professional medical care.
Because texting and driving is against the law in Allentown and throughout the state, someone who causes a car accident by acting irresponsibly in this way may be cited for violating 75 PSA § 3316 by a police officer responding to the crash scene. This citation—which should be included in the officer’s accident report—can be vital evidence for showing that the crash in question was explicitly caused by that driver acting irresponsibly. In other situations, it may be necessary to use additional evidence like witness testimony, surveillance/dashboard camera footage, and even subpoenaed cell phone records, all of which a skilled attorney could help collect and preserve after a wreck.
Another essential thing to note about filing suit over car crash injuries in Allentown is that texting drivers are not automatically 100 percent at fault for the wrecks they are involved in. If a person injured in such a crash broke a traffic law or otherwise acted negligently before the crash happened, they may be assigned a percentage of comparative fault for their injuries.
Then, as per 42 PSA § 7102, a civil court could proportionately reduce their damage award or even bar them from recovery altogether based on their share of total fault for the incident. This is just one example of the kind of legal roadblock to recovery that a qualified lawyer could help navigate.
Texting drivers put themselves and everyone around them at risk of serious harm whenever they look at their phones instead of the road ahead. When you were hurt in a traffic collision caused by a texting driver, you may likely have grounds to file suit against them over any injuries you sustained due to their misconduct.
However, no auto accident lawsuit is simple, and achieving a successful result from one based on a texting while driving car accident in Allentown can be extremely challenging without professional legal support. Call today to learn how an experienced lawyer could help you during a consultation.