Pennsylvania Texting & Driving Accident Lawyers

Fighting For Those Who Have Been Injured By Distracted Drivers 

Distracted driving is one of the leading causes of car accidents and truck accidents in Pennsylvania and across the nation. Based on information from the Pennsylvania Department of Transportation (PennDOT), distracted drivers contributed to at least 15% of all accidents in 2018, which amounted to more than 14,000 collisions and more than 60 fatalities.

Texting and driving is easily the most common form of distracted driving because practically every driver has a smartphone on them at all times. If you have been hit by a texting driver, then it can feel like you are out of luck when it comes to pursuing damages because of the resistance that the driver’s insurance company will put up.

At Metzger Wickersham, we believe in standing up for the rights of the injured in all accidents, including texting and driving accidents. Call (888) 286-2850 to connect with our attorneys in Harrisburg, and tell us about what happened. We would be honored to see if we could pursue justice and compensation in your name.

Free initial consultations are available, so request one today from our texting & driving accident attorney in Pennsylvania.

Pennsylvania Texting While Driving Ban

On March 8, 2012, Pennsylvania became the 35th state to pass a "texting-while-driving ban." The law prohibits using a cell phone to send, read, or write any text-based communication while driving.

Although a number of laws are already in place nationwide, many people still put themselves and others at risk to text while driving. A study by the National Highway Traffic Safety Administration (NHTSA) revealed that nearly 20% of all drivers admitted to sending texts or emails from behind the wheel. That number spikes up to 50% of drivers 21 to 24 years old, and it can be assumed to be much higher because people are likely to lie when asked the question: “Do you unlawfully text and drive?”

Proving the Other Driver Was Texting

How can you prove that the other driver was texting when they hit you? This is where our Harrisburg texting and driving accident lawyers can step in and lend a professional hand. We know where to look for convincing evidence of negligence, and how to use that evidence once we find it.

We might be able to prove the other driver was texting by using:

• Eyewitness statements
• Dashcam or traffic cam footage
• Cell phone data records
• Police reports

If you or a loved one have been injured by someone who was texting while driving, you may be eligible to pursue compensation. With Metzger Wickersham at your side, you benefit from skilled Harrisburg distracted driving lawyers, more than a century of established legal services, and the resources of a large firm. Additionally, we offer a no-fee guarantee to our clients, meaning that unless we obtain compensation on their behalf, they aren't responsible for a single legal fee.

What is Considered Distracted Driving?

Distracted driving is considered any activity that diverts attention from driving. While many think of texting and driving as the primary form of distraction, it includes various other behaviors. These distractions can be categorized into three main types: visual, manual, and cognitive.

• Visual Distractions: Any activity that takes a driver’s eyes off the road, such as looking at a phone, adjusting the radio, or checking a GPS.
• Manual Distractions: Activities that demand a driver to take their hands off the steering wheel. This includes texting, eating, or reaching for an object.
• Cognitive Distractions: These involve taking a driver’s mind off driving. Engaging in a conversation, daydreaming, or concentrating on a phone call can all fall under this category.

How Do You Prove Negligence?

To establish liability in a texting and driving accident, it is critical to demonstrate that the driver was negligent. Negligence often happens when a driver fails to exercise a reasonable standard of care, harming another party. In the context of a texting and driving accident, proving negligence involves several key elements:

• Duty of Care: Every single driver has a legal responsibility to operate their vehicle safely and responsibly. This means avoiding distractions such as texting and adhering to traffic laws.
• Breach of Duty: If the driver was texting at the time of the accident, they breached their duty of care. Evidence could include phone records, witness testimonies, or even data from the vehicle's onboard systems showing the driver was texting when the collision transpired.
• Causation: There has to be a direct link between the driver’s negligent behavior and the accident. It must be proven that the texting directly contributed to the crash, causing injuries to another party.
• Damages: The injured party will need to demonstrate that they suffered actual damages because of the accident. This could include medical expenses, lost wages, pain and suffering, and property damage.

Learn more about your case by calling (888) 286-2850. Our Pennsylvania texting & driving accident attorney are available 24/7 and offer free case evaluations. 

Filing a Claim After a Distracted Driving Accident

Because Pennsylvania is what is known as a “choice no-fault state” when it comes to auto accidents, you may have several options for seeking compensation after an accident caused by a texting or distracted driver.

If you have limited tort or full tort coverage, you can file a claim with your own auto insurance company and seek financial compensation for specific damages (up to your policy limits) through your Medical Payments (MedPay) and/or personal injury protection (PIP) insurance. If your damages exceed your policy limits, you could be entitled to file a claim with the at-fault driver’s insurance company, but you will need to prove that you suffered “serious injuries” as defined by state law.

If you have opted out of the state’s no-fault system, you will need to file a claim with the driver who caused the crash to receive compensation for your damages.

This requires proving that the other motorist was to blame for the accident, i.e., proving that they were texting while driving or otherwise distracted and that this is what led to the crash.

While this can be more difficult than filing a MedPay or PIP claim, it also allows you to seek compensation for all your damages following the accident, including non-economic losses like pain and suffering.

Why Choose Metzger Wickersham for Your Texting & Driving Accident Case

When it comes to pursuing compensation for a texting and driving accident, you need experienced and dedicated attorneys on your side. At Metzger Wickersham, we have a proven track record of success in handling cases involving distracted driving.

Here's why you should choose us:

• Expertise: Our team of attorneys specializes in personal injury cases, including those caused by distracted driving. We have in-depth knowledge of Pennsylvania laws and regulations related to texting while driving.
• Experience: With years of legal experience, our lawyers have handled numerous texting and driving accident cases. We understand the complexities involved and know how to build a strong case on your behalf.
• Resources: We have the necessary resources to thoroughly investigate your accident, gather evidence, and establish liability. Our firm works with accident reconstruction experts, medical professionals, and other specialists to build a compelling case.
• Client-focused approach: At Metzger Wickersham, we prioritize our clients' needs and interests. We provide personalized attention and support throughout the legal process, keeping you informed and involved every step of the way.
• Proven results: Our firm has secured significant settlements and verdicts for clients injured in texting and driving accidents. We have a strong reputation for achieving favorable outcomes and fighting for maximum compensation.

Contact Our Texting & Driving Accident Attorney in Pennsylvania Today

Metzger Wickersham can help you review your auto insurance policy and go over your options after a serious motor vehicle crash. In some cases, such as accidents involving distracted semi-truck or rideshare vehicle drivers, you may even be able to file a lawsuit against a liable third party, such as the trucking company, rideshare company, or even a vehicle manufacturer. Our attorneys leave no stone unturned when pursuing all possible avenues of compensation for our clients; we are here to help ensure you receive the maximum compensation you are owed after a serious car crash.

Contact Metzger Wickersham today to get started with our Pennsylvania texting & driving accident lawyer.