Distracted driving has become a growing concern on the streets of Philadelphia, contributing to countless accidents and life-altering injuries each year. Among the most dangerous distractions is texting while driving, a behavior that takes attention away from the road and puts everyone at risk. For victims of distracted driving accidents, understanding the dangers and legal recourse available is critical for achieving justice and preventing future incidents.
This article explores the alarming rise of distracted driving accidents in Philadelphia, offers insights into personal injury claims, and provides guidance on seeking compensation with the help of a personal injury lawyer.
The Scope of Distracted Driving in Philadelphia
Distracted driving refers to any activity that diverts attention from operating a vehicle. Common distractions include:
- Texting or using a Smartphone
- Eating or drinking
- Adjusting the radio or GPS
- Engaging with passengers
Among these, texting is particularly dangerous because it combines all three types of distraction—manual, visual, and cognitive—making it a leading cause of accidents nationwide.
Recent Statistics on Distracted Driving
- The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving claimed over 3,000 lives in the U.S. in a single year.
- In Pennsylvania, distracted driving contributed to nearly 14,000 accidents in 2022, with Philadelphia accounting for a significant portion of these incidents.
- Texting while driving increases the risk of a crash by 23 times compared to driving without distractions.
Why Texting and Driving Is So Dangerous
Texting while driving is particularly hazardous because it requires drivers to:
- Take Their Eyes Off the Road: Even a quick glance at a phone takes focus away from driving.
- Remove Their Hands From the Wheel: Typing or holding a phone reduces physical control of the vehicle.
- Divert Their Mental Attention: Reading or composing messages shifts cognitive focus away from driving.
In the few seconds it takes to send a text, a car traveling at highway speeds can cover the length of a football field. This momentary distraction can result in devastating consequences for drivers, passengers, pedestrians, and cyclists.
Using Distracted Driving Laws to Strengthen Your Injury Claim
Pennsylvania has established laws to address distracted driving and provide a framework for holding negligent drivers accountable. For accident victims, these laws play a vital role in demonstrating liability and pursuing compensation.
Establishing Fault Through Distracted Driving Laws
Victims can use evidence of distracted behavior to strengthen their personal injury claims. This includes demonstrating that the at-fault driver engaged in activities such as:
- Texting While Driving: Using handheld devices to send, read, or write messages while operating a vehicle.
- Other Distracted Behaviors: Adjusting controls, eating, or engaging in activities that divert attention from the road.
Violating Paul Miller’s Law
Paul Miller’s Law, enacted in Pennsylvania, specifically addresses texting while driving. Under this law, texting is considered a primary offense, meaning law enforcement can pull over drivers solely for this violation. For accident victims, evidence of the at-fault driver violating Paul Miller’s Law can be a powerful tool in proving negligence and holding the responsible party accountable.
How These Laws Support Injury Claims
By proving that a driver violated Pennsylvania’s distracted driving laws, victims can build a strong case for negligence. Evidence such as phone records, police reports, and eyewitness accounts can be pivotal in showing how distractions directly led to the accident.
Understanding these legal frameworks ensures that victims have the tools they need to seek justice and recover fair compensation for their injuries.
Filing a Personal Injury Claim After a Distracted Driving Accident
If you’ve been injured in a distracted driving accident, pursuing a personal injury claim can help you recover compensation for your losses. Here’s how the process works:
Proving Negligence
To succeed in a personal injury claim, you must demonstrate that:
- The at-fault driver owed you a duty of care.
- They breached this duty by engaging in distracted driving.
- Their actions directly caused your injuries.
Types of Compensation Available
Victims of distracted driving accidents may be entitled to:
- Economic Damages: Medical bills, lost wages, and property damage.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
Role of a Personal Injury Lawyer
An experienced personal injury lawyer can:
- Investigate the accident and gather evidence, such as phone records or eyewitness accounts.
- Negotiate with insurance companies to secure a fair settlement.
- Represent you in court if the case goes to trial.
How Evidence Strengthens Your Claim
Proving that a driver was distracted requires solid evidence. Here are some common forms of evidence used in personal injury claims:
Phone Records
Obtaining the at-fault driver’s phone records can reveal whether they were texting or using apps at the time of the accident.
Eyewitness Testimony
Witnesses can provide valuable insights into the driver’s behavior, such as seeing them holding a phone or looking down before the collision.
Traffic Camera Footage
Video recordings from traffic or surveillance cameras can capture the driver’s actions leading up to the crash.
Police Reports
Law enforcement often documents whether distractions played a role in the accident, which can be crucial for building your case.
Preventing Distracted Driving Accidents
While victims of distracted driving accidents are entitled to justice, prevention remains the best approach to reducing these incidents. Here are some ways to promote safer driving:
For Drivers
- Put your phone on “Do Not Disturb” mode while driving.
- Use hands-free devices for essential calls.
- Pull over to a safe location before sending or reading messages.
For Passengers
- Speak up if the driver is distracted.
- Offer to handle navigation or phone calls to keep the driver focused.
Community Efforts
- Support public awareness campaigns like “It Can Wait.”
- Advocate for stricter distracted driving laws and enforcement.
Exemplifying The Cost of Distracted Driving
Here’s a scenario to consider: A Philadelphia woman was struck by a distracted driver who ran a red light while texting. The collision left her with severe spinal injuries, requiring multiple surgeries and months of rehabilitation. Her personal injury lawyer uncovered phone records and secured eyewitness testimony to prove the driver’s negligence. As a result, she received a $250,000 settlement to cover her medical expenses, lost wages, and pain and suffering.
This example highlights the devastating consequences of distracted driving and the importance of holding negligent drivers accountable.
Call van der Veen, Hartshorn, Levin & Lindheim to File a Distracted Driving Accident Claim in Philadelphia
If you’ve been injured in a distracted driving accident in Philadelphia, you need an experienced lawyer by your side. At van der Veen, Hartshorn, Levin & Lindheim, our experienced personal injury lawyers are dedicated to fighting for your rights and holding negligent drivers in Philadelphia accountable.
Contact us today at 215-486-0123 to schedule your free consultation. Let our skilled team handle the complexities of your case while you focus on your recovery. We represent clients in Philadelphia, Center City, and Reading and the surrounding areas. Call now and take action against distracted driving—your voice can make a difference.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.