With a rising number of distractions to worry about in the car, Pennsylvania law is re-evaluating how civil damages could be considered in motor vehicle accidents.
What Does Liability Have to Do with Texting a Driver?
There’s no doubt that a driver engaging in texting could be held responsible in a lawsuit if a distracted driving crash led to injuries for others, but now the liability reach could be expanding to those outside the physical accident scene. If you have recently been injured in an accident where you think distracted driving was an issue, it is in your best interests to retain a Philadelphia accident attorney as soon as possible. Your attorney may have to fully investigate the circumstances of the accident, including whether or not someone else was texting a driver prior to the incident.
Where Pennsylvania Currently Stands on Texter Liability
According to a recent opinion handed down by a Lawrence County judge, you could be held liable for even sending a text message to an individual who is driving if the sender of the message knows that he or she is distracting a driver by doing so.
The Pennsylvania decision is not the first of its kind given that a 2013 opinion in New Jersey held that a cause of action could continue against an individual who knowingly distracted the driver by sending text messages. The ruling is at the preliminary objection stage and therefore, its full impact is not yet known.
However, if allowed, it could set a precedent for allowing individuals injured in Philadelphia car accidents to pursue additional means for recovery. One of the most challenging aspects of pursuing legal claims just like this is that an individual would have to prove that the person was knowingly distracting a driver. This could be extremely challenging from a legal perspective. There is no doubt that texting and driving is one of the hottest topics both in courtrooms and in legislatures across the country due to the broad range of severe injuries and fatalities associated with distracted driving accidents every day.
Texting, Driving, and Car Accidents
Despite the fact that there are clear rules on the books in most states of banning texting and driving or banning the use of handheld cellphones altogether, texting and driving and other forms of distraction continue to be persistent issues causing Philadelphia car accidents.
Are you coping with serious injuries after an accident? You need a lawyer who cares about your future. If someone else was texting a driver and this led to a severe accident, you need an attorney to help explain your rights as soon as possible. You may be able to pursue compensation for your injuries, and you should contact a Philadelphia personal injury lawyer immediately to evaluate your options.