In a city as busy and populated as Philadelphia, drivers navigate a complex web of highways, city streets, and traffic patterns every day.
Unfortunately, some drivers choose to take their eyes off the road and their hands off the wheel to send a text message. Texting and driving are one of the most dangerous behaviors behind the wheel, and it’s a leading cause of serious traffic accidents across Pennsylvania.
For victims, these accidents often bring physical pain, emotional trauma, and financial hardship. When a texting driver causes an accident, injured parties have the right to take legal action.
Working with a Philadelphia texting and driving accident lawyer can be the key to holding negligent drivers accountable and recovering the compensation victims need to move forward.
The Risks of Texting While Driving
Texting and driving distracts a driver in three critical ways: visually, manually, and cognitively.
When a driver looks at a phone, their eyes leave the road. When they use their hands to type a message, they no longer have full control of the vehicle. And when they think about a conversation instead of driving, their mental focus shifts.
Even a brief glance at a phone while traveling at highway speed can result in missing an important traffic signal or failing to see a stopped vehicle ahead. The National Highway Traffic Safety Administration (NHTSA) estimates that composing or reading a text takes a driver’s eyes away from the road for at least five seconds.
At 55 miles per hour, that’s like driving the full length of a football field with your eyes closed.
Pennsylvania Laws Against Texting and Driving
Pennsylvania law, specifically known as Paul Miller’s Law, is aimed at curbing distracted driving. The state prohibits all drivers from using an Interactive Wireless Communication Device (IWCD) to send, read, or write a text message while the vehicle is in motion.
Violating this law results in a fine, but it can also serve as evidence of negligence in a civil lawsuit. Equally importantly, this law applies whether the device is handheld or mounted.
In Philadelphia, local enforcement of these laws has grown stricter in recent years. Campaigns to raise awareness about distracted driving have also grown, with law enforcement agencies partnering with schools and community groups.
Despite these efforts, texting while driving remains a persistent and dangerous problem.
The Legal Basis for Filing a Lawsuit
When someone causes an accident while texting behind the wheel, they may be found negligent under Pennsylvania law. To pursue a personal injury claim, you must show that:
- The other driver owed a duty of care
- The other driver breached that duty of care by texting while driving
- That breach led to injuries as a result
The legal process starts with investigating the crash, which often involves examining phone records, traffic camera footage, and witness testimony.
Our skilled Philadelphia texting and driving accident lawyers know how to build a strong case using all available evidence.
As the victim, you may pursue compensation for medical bills, lost income, pain and suffering, emotional distress, and property damage.
Texting-Related Accidents in Philadelphia
In early 2024, a multi-vehicle accident happened on I-95 near Girard Avenue. Investigators determined that a distracted driver who had been texting struck a vehicle that had slowed for traffic.
The initial impact triggered a chain reaction involving three more cars. Several people were hospitalized, including a passenger who suffered a traumatic brain injury. The texting driver admitted to looking down at his phone moments before the crash.
This case is currently the subject of civil litigation, with victims seeking compensation for long-term medical care and lost wages.
What To Do After a Suspected Texting-Related Crash
If you believe the driver who caused your accident was texting, document as much as possible.
Take photos at the scene, obtain contact information from witnesses, and file a police report.
Seek medical attention as soon as possible, even if your injuries seem minor. Then, contact an experienced lawyer who can begin the investigation and preserve critical evidence.
Why Texting and Driving Cases Are Different
Texting and driving cases often involve more complex evidence than standard car accidents.
Proving distraction requires electronic records, which, in turn, often need subpoenas and digital forensic analysis. Also, these cases may evoke stronger emotional reactions from juries, especially when the evidence shows blatant disregard for public safety.
Lawyers must balance legal precision with compelling storytelling to present a strong case.
How a Philadelphia Texting and Driving Accident Lawyer Builds a Strong Case
An experienced texting and driving accident lawyer will start by conducting a thorough investigation.
They’ll gather evidence that proves the other driver was texting, which may involve subpoenaing phone records or obtaining video footage. They may also interview witnesses, consult accident reconstruction experts, and review the police report for inconsistencies.
Once liability is established, your lawyer will document the full extent of your injuries. This includes reviewing your medical records, calculating current and future financial losses, and getting statements from healthcare providers.
A strong case will include clear evidence of how the accident has impacted your daily life and your ability to work and function.
Negotiation with insurance companies is another key step. Insurers will often try to downplay the extent of injuries or claim that victims were partially at fault. A seasoned lawyer knows how to counter these tactics and fight for a fair settlement. If negotiations fail, your case may go to court, where your attorney will present the evidence to a judge or jury.
Choosing the right attorney makes a difference. Partnering with a lawyer who has experience in texting and driving cases, understands how to prove distraction and present the case in a compelling way.
They also provide you and your family support during what can be a stressful and uncertain process.
From handling insurance adjusters to filing paperwork and representing clients in court, a dedicated attorney takes the legal burden off your shoulders. Our personal injury lawyers work on a contingency fee basis, which means they don’t get paid unless your case is successful. This arrangement lets you pursue justice without worrying about upfront costs.
Types of Damages Available to Victims
Victims of texting and driving accidents can seek various types of compensation, including:
- Medical expenses (past and future)
- Lost wages or earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damages (in rare cases)
Each case is unique, and the value of a claim depends on the facts. A skilled lawyer will assess the damages thoroughly and build a case that supports maximum recovery.
Texting and Driving Accident FAQs
For more information about texting and driving accident claims related to your specific claim, please contact our office to schedule a no-cost, no-obligation case evaluation.
How do I prove the other driver was texting?
Your lawyer may obtain phone records, traffic footage, or witness statements. Police reports can also include driver admissions.
Do I need a lawyer for a texting and driving accident claim?
Having a lawyer increases your chances of securing fair compensation and navigating the legal system effectively.
What if the driver deleted their texts?
Even deleted texts can often be recovered through forensic analysis or from phone carrier records with a subpoena.
How long do I have to file a lawsuit?
Pennsylvania’s statute of limitations for injury cases is two years from the date of the accident.
Can I still recover compensation if I was partially at fault?
Yes. Pennsylvania follows a modified comparative negligence rule, which means that you can recover damages if you’re less than 51% at fault.
Can texting be considered reckless driving?
Yes, in some cases. If the driver’s behavior shows a reckless disregard for safety, it could lead to greater damages or even punitive action.
How much does a texting and driving accident lawyer cost?
Our lawyers work on a contingency basis, meaning they only get paid if they win your case, with no upfront fees required.
Shrager, Sachs, & Blanco Is Here to Help
A Philadelphia texting and driving accident lawyer plays a crucial role in helping victims pursue justice and recover from serious injuries.
As texting continues to pose a major threat on the road, strong legal advocacy remains essential to promoting accountability and public safety in Philadelphia and beyond.
If you or a loved one has been injured in an accident and you suspect it was due to someone else texting while driving, our experienced car accident attorneys are here to help you seek justice and maximum compensation for your losses.
Contact us today for a free consultation.
