Philadelphia Texting and Driving Accident Lawyer

For many law enforcement officials, the fairly new anti-texting initiative in Pennsylvania, which was signed into law by Governor Tom Corbett, on March 8, 2012, is slowly encouraging motorists to focus on the task of driving with fewer distractions. Texting and driving is now a primary offense because of the risk it presents, so if you were involved in an accident caused by a driver texting, call a Philadelphia texting and driving accident lawyer to discuss the next steps of legal action. Discuss your case with an experienced Philadelphia texting and driving attorney at Rosenbaum & Associates during a free consultation.

Why Choose Our Philadelphia Texting and Driving Accident Lawyers

If you or a loved one was seriously injured as a result of a driver who was texting while driving, consider the experienced firm of Rosenbaum & Associates. We handle car accidents cases throughout Pennsylvania and have successfully recovered millions of dollars for car accident victims. Other reasons to consider our firm are:

• All of our cases are given the undivided attention that they deserve.
• Our team has more than 25 years of experience and a track record to prove it.
• We handle texting and driving accident cases on a contingency fee basis, which means there are no legal fees unless we win.

Why You Need a Texting and Driving Accident Lawyer

Proving a texting while driving accident case is often complicated, as it is highly doubtful that the at-fault driver will admit they were texting. Unless there are witnesses, determining what caused the accident can become a “he said, she said” situation. With a lawyer’s help, you can subpoena phone records to prove the driver was using their cellphone at the time of the crash and establish liability. An attorney can also:

• Investigate your accident and preserve evidence
• Collect medical records and documentation of losses
• Accurately estimate the extent of your current and future losses
• Build a solid case based on the facts
• Skillfully negotiate a fair settlement with insurance companies on your behalf
• If necessary, fight for your rights in court

If the at-fault driver successfully places the blame on you, under Pennsylvania’s rule of modified comparative negligence, your compensation can be reduced by your percentage of fault. An experienced texting and driving lawyer in Philadelphia will protect your rights and ensure you obtain the compensation you need for your losses and a healthy recovery.

The Dangers of Texting and Driving

Currently, 48 states and the District of Columbia have banned texting while driving. Despite the current law prohibiting texting while driving, nearly 800,000 drivers at any given time are texting while driving. It is clear that texting while driving is a reckless and dangerous act that can be avoided if you simply text before you put your key into your ignition and or text after you park your car.

• Texting, which falls under the umbrella term of distracted driving, causes 1,600,000 accidents per year according to the National Safety Council.
• The Harvard Center for Risk Analysis Study found that nearly 330,000 injuries result from accidents that were caused by texting and driving.
• A far grimmer statistic, that anti-texting laws hope to curb, is the fact that 11 teen deaths occur every day as a result of texting and driving, as reported by the Insurance Institute for Highway Safety fatality facts.
• The National Highway Transportation Safety Administration has equated driving while texting to have the same effect as those who drive after consuming four beers. Further stating that you are twenty-three times more likely to crash while texting, and that your brake reaction time is greatly impacted by nearly eighteen percent.

Texting While Driving Is Illegal in Pennsylvania

It is a crime in Pennsylvania for any driver to use a cell phone for calls or texts while driving. A violation of this law can lead to a $50 fine, plus court costs and other fees. This law is also taken into account when you have been injured in a texting while driving accident.

Drivers have a legal duty to operate motor vehicles with care. Causing an accident due to texting is considered a violation of that care, giving you the right to hold the negligent driver accountable.

Types of Compensation Available for a Texting and Driving Accident

After establishing a texting driver’s negligence in causing your accident, you may be entitled to the following damages:

• Medical expenses, ambulance, and emergency treatment fees, doctor and hospital bills, physical therapy, psychiatric care, and future care
• Mental anguish and pain and suffering, emotional distress, loss of consortium
• Damage to property, car and body repairs, loss of personal property harmed or destroyed in the accident such as a computer, clothing, other items
• Incidental expenses, crutches, nursing care, rental car, over-the-counter medications, etc.

Because Pennsylvania courts follow a modified comparative negligence system, your compensation can be reduced by your percentage of fault. For example, if you are awarded $100,000, and the texting driver is found 100% responsible for the accident, you will receive the entire award. However, if you are found 30% at fault for contributing to the accident, you will only receive 70% of your award or $70,000. If you are assigned 51% or more of the blame, you cannot recover any compensation.

Contact a Philadelphia Texting and Driving Accident Lawyer

If you would like more information regarding texting and driving and to find out whether or not your claim is filed within the deadline, don’t hesitate to call an experienced accident injury attorney in Philadelphia. Rosenbaum & Associates has a renowned reputation for helping their clients retrieve the compensation they deserve. Please contact us online or call (215) 569-0200 for a free case evaluation.