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Texting while driving is considered distracted driving. Due to the increased usage of smartphones and other handheld devices, it is common today. However, this behavior poses a great danger to both drivers and passengers and can lead to texting while driving car accidents in Bala Cynwyd.
When you or a loved one have been injured in an auto collision due to a negligent driver, reach out to our experienced auto collision attorneys at Lowenthal & Abrams for help. We can review the aspects of your case and help you determine the steps to take to move forward with your life.
Understanding Relevant Statutes
Pennsylvania Title 75, Section 3316 governs the prohibition against texting while driving. It does not allow those operating a vehicle to read or write text-based messages on cell phones, digital assistants, and smartphones. The only exception to this law is GPS systems or any other system that is physically integrated into the vehicle. Using hands-free options for communicating is encouraged under this rule.
Proving Negligence
To establish negligence, four elements must exist: a duty of care, breach of the duty, causation, and damages. In a personal injury suit, the at-fault party must have owed a duty to the injured person. All drivers operating their cars on the road must drive safely and obey all traffic laws. To be negligent, the defendant must have breached that duty. For example, texting while driving is a clear breach of duty because it distracts the driver from paying attention to the road. Our Bala Cynwyd legal team must prove that the breach caused the texting while driving auto wreck and that an injured person sustained damages as a result.
Comparative Negligence
Pennsylvania uses the modified comparative negligence rule. This rule establishes that compensation must be reduced depending on the percentage of fault. No recovery can be made if the injured party’s liability exceeds 50%. In the case of texting while driving, if the court finds the injured person to be more than 50% at fault for the accident, they will be unable to recover any damages.
Damages in a Texting While Driving Car Accident
Our experienced Bala Cynwyd attorneys understand the lasting impact a texting while driving auto accident can have on a family. Common types of compensation can include medical expenses, pain and suffering, lost income, and property damage.
If the accident results in death, a loss of consortium is a type of damage award that compensates a family member for the loss of support, companionship, and affection due to the injury or death of a loved one. Texting while driving can be seen as recklessness rather than negligence. In such an instance, a person may also be entitled to a punitive damages award.
A Bala Cynwyd Attorney Can Help You Pursue Damages for a Texting While Driving Car Accident Claim
When you have sustained an injury due to a texting while driving car accident in Bala Cynwyd, you may have legal options available to you. Let us advocate for you during this difficult time so you can focus on healing.
Our experienced lawyers at Lowenthal & Abrams dedicate their practice to advocating for those who have sustained injuries due to another person’s negligence or reckless actions. Call our firm today to schedule a consultation with a well-versed lawyer.
