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From the turnpike to icy winding roads, Pennsylvania provides no shortage of opportunities for car accidents. With such a wide variety of driving conditions, your vehicle has the potential to cause serious harm to yourself and others, underscoring how essential it is that all drivers keep their full attention on safety at all times while behind the wheel.
If you were recently hurt in a traffic wreck caused by someone who failed to follow Pennsylvania traffic laws, you may have grounds to pursue civil restitution for the harm their negligence has caused you. Before deciding to pursue a claim on your own, hiring a qualified auto accident lawyer might be worth considering since distracted driving car accidents in Erie can make for complex civil claims.
Is Distracted Driving Illegal in Erie?
Under Pennsylvania state law, it is illegal for any person of any age to read, write, or send text messages with an Interactive Wireless Communication Device (IWCD) while operating a moving motor vehicle. However, while state authorities strongly discourage them, there is no specific law prohibiting other forms of distracted driving that could lead to auto accidents in Erie, such as:
- Eating or drinking
- Talking to someone over the phone or radio
- Using a mounted GPS device
- Changing a radio station or playlist
- Personal grooming
- Reading a book
Fortunately, it is still possible to sue a distracted driver for causing the car crash, even if their behavior did not legally constitute a traffic violation. This is because distracted driving still qualifies as a breach of the duty all drivers must act lawfully and safely at all times while operating a vehicle. Under Pennsylvania civil law, drivers who cause accidents can be considered negligent and held financially liable for losses attributed to that negligence.
Building a Comprehensive Claim Within Filing Deadlines
Typically, the recommended course of action for someone injured in a distracted driving car wreck in Erie is to seek compensation through their personal injury protection (PIP) insurance coverage or file a claim against the at-fault person’s car insurance policy. Once all insurance coverage options are exhausted, an experienced personal injury attorney can help you file a civil suit for damages not already paid for through insurance.
It should be noted that even individuals with valid grounds to file suit over distracted driving accidents do not have an unlimited amount of time in which to do so. The law grants personal injury victims a maximum of two years to file suit after initially sustaining harm, before being barred by the statute of limitations from seeking compensation for that injury.
Contact an Erie Attorney After Your Distracted Driving Car Accident
Getting hurt in an auto accident that was not your fault can be frustrating under any circumstances, but it can be even more frustrating when the person who injured you was not even paying attention when the crash happened. Unfortunately, distracted driving car accidents are much more common in Erie than many people would like to think. Not to mention, it can be difficult to take legal action over accidents like this if you are not intimately familiar with local civil law.
These are just a few reasons why it is can be so valuable to seek help from a skilled car accident lawyer as soon as possible after being involved in the distracted driving accident. Call the experienced team at Lowenthal and Abrams today to schedule a consultation to start getting the compensation you deserve.
