If you were involved in a collision with another motorist, you may be wondering how blame is appointed and if you have a legal right to pursue compensation. For any civil lawsuit stemming from a car crash, it is essential to determine fault.
While this can be difficult, there are certain actions that are far more likely to place blame on one motorist. Chief among these is phone use, which is a heavy distraction to drivers and can easily result in a severe or even deadly crash.
Therefore, if you suspect the other driver was using their phone while behind the wheel, you might benefit from reaching out to a Philadelphia texting while driving accident lawyer for assistance. A Philadelphia car accident lawyer could explain your rights and work to determine if the other motorist was in fact responsible for the crash.
What Rules Regulate Cell Phone Use While Driving in Philadelphia?
Philadelphia law prohibits a driver from using an interactive wireless device to send, read, or write a text-based communication while their vehicle is in motion. The only safe way to use a phone while driving is if a person utilizes a hands-off setting or a speaker-phone. These laws apply to novice drivers in the same way they apply to experienced drivers, which could be further explained by a knowledgeable texting while driving accident lawyer in Philadelphia.
How Texting Impacts Liability
A cell phone used by an accused motorist at the time of the accident can severely impact an injury claim filed by an injured plaintiff. In fact, if it discovered that cell phone use was the cause—or a cause—of a collision, a defendant may face punitive damages, along with the non-economic and economic damages owed to an injured plaintiff.
If, on the other hand, a plaintiff was also using a cell phone at the time of the accident, this would naturally complicate a claim. However, if the plaintiff is found to be less than 50 percent at-fault for the collision, they might still be able to recover compensation. These damages could include compensation for medical bills, lost wages, pain and suffering, loss of enjoyment of life, and mental anguish.
Obtaining Evidence for a Claim
In a car crash claim or lawsuit involving texting while driving, a Philadelphia car accident lawyer could subpoena phone records or other records that would indicate any text messages received at the time of—or shortly before—the collision.
In order for law enforcement or insurance companies to see these phone records, however, the law enforcement agency may need a search warrant. An insurance company might also have to obtain a subpoena from the court to obtain cell phone records. A tenacious Philadelphia lawyer who has experience with texting while driving accident claims could work to ensure that an injured claimant has the evidence required for a persuasive claim.
Call a Philadelphia Texting While Driving Accident Attorney for Assistance
After being involved in a car crash, you are likely to be traumatized and wondering what your legal options are. When another driver has been careless, reckless, or otherwise negligent, you should not have to cover any medical costs, lost wages, property damage, or other losses that resulted.
If you suspect the other driver was on their phone before a crash, call a Philadelphia texting while driving accident lawyer for help. A steadfast attorney could assess the circumstances of your case, use all of their resources to determine fault, and pursue a claim for compensation on your behalf. To learn more, call today to schedule a consultation.