No matter how much driving experience he or she has or how long a particular trip will be, every person who operates a motor vehicle on Pennsylvania roads has a legal duty to keep his or her attention solely on driving safely. Unfortunately, the modern world is full of distractions that may lead to a driver losing focus, with cell phones, smartphones, and other digital devices being some of the most consistently dangerous.
After suffering injuries in a crash with a distracted and negligent driver, understanding your legal rights and taking action to recover for your losses can be much more complicated than you might expect. Texting while driving car accidents in State College can be difficult in terms of proving what the defendant was doing at the time of impact, which is why seeking help from a knowledgeable auto collision attorney is important. A seasoned auto collision attorney at our firm could work to protect your rights and ensure someone else’s negligence does not unfairly alter your future prospects and personal wellbeing.
Like virtually every other state, Pennsylvania expressly prohibits drivers of all ages from reading, sending, or writing “text-based communications” through any kind of electronic device while in control of a moving motor vehicle. Anyone found to have violated this rule—codified in 75 P.S §3316—may be subject to a $50 fine as well as other court costs and fees.
If someone gets in a car wreck in State College because he or she was texting while driving, that person has met all the criteria for legal negligence—namely, breaching the duty owed to other drivers to act responsibly and obey traffic laws, and in doing so directly causing an accident that would not have occurred without his or her negligent misconduct. A person who can prove another driver was negligent in this way could possibly hold that other person financially liable for all past and future losses that result from the accident.
Even if an injured individual has significant evidence proving that a texting driver is directly to blame for a crash, his or her right to seek comprehensive recovery from that driver may be limited by his or her insurance coverage.
Individuals with “limited tort” coverage can only file suit against an at-fault driver for non-economic damages like pain and suffering if he or she sustains “serious injuries” as defined in his or her policies, or if one of certain other exceptions are met. “Full tort” policyholders have no such restrictions on his or her rights following texting while driving car crashes in State College, as legal counsel could explain in more detail.
Being hit by a driver who was looking at his or her phone instead of the road can be a frustrating experience, not to mention a life-altering one if that other person’s negligence leads to you being seriously injured. In a situation like this, support from a dedicated legal professional can make all the difference in how effectively you can pursue your case and obtain the monetary damages you deserve.
Texting while driving car accidents in State College are not matters you should try to face alone. Call Marcus & Mack today to learn how a determined lawyer could help you.