The instances of distracted driving accidents continue to rise due to the numbers of drivers using hand-held digital devices while behind the wheel. Drivers who read text messages, answer text messages, talk on cell phones, or are busy with other activities while their attention should be on the road ahead put all other drivers and their passengers at great risk of injury. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that distracted driving is an epidemic and that a distracted driver is a greater danger to others than a drunk driver; over 6 times worse. If you have been in an accident with a distracted driver, it is important to retain an experienced attorney who can effectively represent you while you recover from the aftermath of an auto accident involving a negligent driver. Contact Ilkhanoff & Silverstein for a free case evaluation.
Proving Negligence
If you are involved in a car accident and believe that the other driver was distracted, the case remains the same; you and your attorney will need to prove negligence. This may be accomplished by a number of actions. First, call the police and get medical attention. Try and document as much about the accident as you can or call an attorney to send someone to the scene to preserve evidence on your behalf. If the accident was caused by negligence, preserving evidence will be an important part.
Cell phone use and car accidents
Under Pennsylvania law, driving while on a cell phone is not a violation. It is not illegal to use a cell phone while operating a vehicle in the Commonwealth. Unfortunately, this type of conduct often does not meet the legal standard to constitute negligence. On the other hand, sending or receiving texts, emails or other messages does. If you were injured in a car accident and the other party used was using a cell phone to use the internet, email, text, or message another person in any way, you could have a case for negligence.
Daniel’s Law
In 2016, Governor Wolf signed into law “Daniel’s Law” after Daniel Gallatin, a father, grandfather, veteran, and fireman, was killed in 2013 when he was killed on his motorcycle because of a driver who was texting. The law enhances the penalties for an accident caused by texting that result in death or serious bodily injury. Daniel’s law penalizes drivers similarly to those who are caught drunk driving and would add points to one’s drivers’ license. In an accident involving a death, the guilty party may be sentenced to up to 5 years in jail.
Damages You Can Recover
Whether you were injured in a rear-end accident, side impact or head-on accident, when a distracted driver was at fault, legal action can be taken to seek justice and compensation. Many people are seriously injured with no possibility of returning to the healthy condition enjoyed prior to the crash. There could be the need for long-term medical care or nursing care or many surgeries over several years. The costs involved will be astronomical, in medical bills alone. You could be entitled to damages for out-of-pocket expenses, the physical pain suffered, and the emotional turmoil of the incident.
Contact Ilkhanoff & Silverstein
The firm can help you pursue the maximum possible in your case, as is your right. The case may be settled, as is most common, or could require a lawsuit filed in civil court. The limits on the at-fault driver’s insurance may require us to pursue further compensation through other legal actions. No matter how serious the case, our legal team knows what to do to help you seek full compensation for all damages. Contact Ilkhanoff & Silverstein for a free consultation to discuss your legal matter.
