While it may seem minimal, sending a single text message while driving can be costly and potentially fatal. Taking your eyes off the road for a few seconds can be extremely consequential. If you or a loved one has been the victim of an collision caused by a driver using a phone while driving, you deserve the best legal counsel available as you fight for both justice and financial compensation. The Allentown texting while driving accident lawyers at Munley Law can help. Contact us today for a free initial consultation.
Why Texting While Driving Causes Distracted Driving Accidents in Allentown
As the National Highway Traffic Safety Administration notes, if you’re driving at 55 miles per hour, you will travel the length of a football field in just 5 seconds. Doing so while reading or sending a text is like driving that far with your eyes closed.
Texting while driving accidents fall under the umbrella category of distracted driving accidents, which the NHTSA defines as “any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system — anything that takes your attention away from the task of safe driving.” In 2019, distracted driving as a whole caused the deaths of more than 3,000 people in the US alone.
Driver Liability and a Lawsuit in Texting While Driving Accidents
Sending texts behind the wheel is also unique in that it distracts the driver in multiple ways. Not only are the driver’s eyes removed from the road to either read or send a text, but their cognitive ability to drive safely is also impaired. Both reading and typing require an element of cognitive processing, and deciding what to type also requires mental decision-making. If a driver’s mental focus is diverted towards a text, they are far less capable of making smart driving decisions during that time. Finally, texting while driving requires manual distraction, as the driver takes their hand off the wheel to type a text.
In Allentown, texting and driving are illegal, and a base fine of $50 applies. If you have been harmed by a negligent driver, speaking to an Allentown car accident lawyer is an important next step. As of 2016, Pennsylvania’s Daniel’s Law additionally states that if a driver causes death or serious bodily injury while texting and driving, they are eligible for 5 and 2 years in jail, respectively.
What to Do After a Texting While Driving Accident: Contact an Attorney
As with all collisions, your primary concern immediately after the collision should be to seek medical care if needed. If the other driver was reckless, consider consulting an Allentown reckless driving accident lawyer as soon as possible. After that, you should call the police. In Allentown, you legally must contact them if anyone involved in the crash is injured or if there has been a death. You also must call if any vehicle involved is damaged to the extent that it cannot operate. While you are not legally required to call the police in an crash without injuries, it’s often still best to do so, particularly if the other party was at fault. The report of what occurred can be useful if you seek compensation down the line.
The police will document the scene and use these findings to put together an official report. However, it’s also heavily advised that you document the scene yourself. This may include taking photographs of both vehicles as well as your injuries, documenting any property damage, and even speaking to witnesses.
What Role Do Insurance Companies Have in Texting and Driving Accident Cases?
Negotiating through insurance companies is a common means of settling a collision, and your car crash lawyer can also offer additional advice on the process. Pennsylvania is a no-fault state, meaning that your policy coverage is designed to protect you, as opposed to paying out to cover the other person’s claim. Because of this, you will most likely reach out to your own insurer in order to file a claim.
However, there are cases in which you are able to file a claim with the other driver’s insurer; for instance, you may do so if your injuries from the accident meet a certain standard of severity. In this case, your policy would likely cover your injuries up until a certain monetary cap, at which point further costs would be the responsibility of the other party’s insurance.
However, working with your insurance company is not always easy and does not always result in fair compensation. It’s not uncommon for victims of distracted driving accidents to experience horrific, life-altering injuries or even fatalities. In tragic cases, families can benefit from consulting an Allentown wrongful death lawyer to seek justice, only to be told by an insurer that they do not meet their standard of severity. It’s also possible to experience severe injuries that warrant filing a claim with the other party’s policy, only to find out the other party is uninsured or underinsured. In such cases, knowing the average uninsured motorist settlement amount can help set realistic expectations.
In cases like these, pursuing legal action outside of insurance may be the right move. It’s wise to consult with your attorney to explore your options promptly, as your claim is subject to Pennsylvania’s statute of limitations for car accidents. Talk to your lawyer to determine if a personal injury suit is the right course of action for you.
Understanding the Impact of Pennsylvania’s New Distracted Driving Law in Allentown
In response to the growing concern over distracted driving incidents, Pennsylvania has enacted “Paul Miller’s Law,” set to take effect on June 5, 2025. This legislation prohibits any manual interaction with mobile devices while operating a vehicle, including when stopped at traffic signals or in traffic jams. The law is named in honor of Paul Miller, a 21-year-old who tragically lost his life in 2010 due to a distracted driver.
Under this new law, any use of handheld devices for activities such as texting, scrolling through social media, or holding the phone is considered a primary offense. Exceptions are made only for emergency 911 calls or when using voice-activated functions through Bluetooth. While the first year of enforcement will involve issuing written warnings, starting June 2026, violators will face a $50 fine, in addition to court costs and other fees.
For drivers in Allentown, this law underscores the importance of attentive driving and the serious consequences of distractions behind the wheel. If you or a loved one has been affected by a distracted driving accident, it’s crucial to understand your rights and the legal options available to you. Our experienced attorneys are here to provide guidance and support during this challenging time.
Filing a Lawsuit with a Driving Accident Lawyer in Allentown
Yes, you can sue drivers for motor vehicle wrecks they caused while texting. However, this process can be complex and difficult to navigate without an experienced Allentown car accident attorney.
The first piece of pursuing legal action against a driver who caused an accident by texting while operating a vehicle is to prove the driver’s negligence. As the plaintiff, you will need to show that the distracted driver, the defendant, failed to use reasonable care to prevent themselves and others from experiencing harm. Texting while behind the wheel certainly meets this threshold, as it’s proven to increase the chances of a crash. If the defendant received a citation for messaging while behind the wheel during the collision, they are presumed negligent, and the burden falls on them to prove otherwise.
If they did not receive a citation, proving that they were messaging while behind the wheel can be challenging. Your Allentown car accident attorney may begin by reviewing the defendant’s phone records to see if there is a proven timeline of a text being sent at the time of the collision. Allentown car accident lawyers may also obtain a copy of the official report of the accident or speak to witnesses to gather additional evidence for your case.
Common Injuries Victims Face in Car Accidents from Distracted Drivers
Injuries caused by motor vehicle accidents involving texting can run the gamut from mild to severe.
- Traumatic brain injuries typically occur when the head experiences a blow or impact, causing significant damage to the brain and requiring specialized legal expertise. Car accidents are one of the most common sources of TBIs.
- Fractured or broken bones
- Soft tissue injuries. This includes an injury to the body’s ligaments, tendons, and muscles. Whiplash is a common soft tissue injury caused by accidents.
- Lacerations. Lacerations are cuts or tears to the skin or flesh, which are often caused by broken glass in the case of a crash.
- Spinal cord injuries may occur in severe car accidents, often resulting in lifelong complications.
Recovering Damages: How an Accident Lawyer Helps Injured Drivers
If you or a loved one has been the victim of a distracted driving motor vehicle accident that involves texting, you’re likely eligible for compensation. There is a range of types of damages and compensation for which you may be eligible, depending on the specific auto accident case. Your car accident attorney will review your case in detail and determine what damages you are eligible for and how much compensation this amounts to.
Damages may include:
- Property damage costs, such as repairing or replacing your vehicle
- Lost wages (this may apply if you lost your job, had to take time off work, or reduced your overall earning capacity). If your accident occurred during work duties, speak to an Allentown workers’ compensation lawyer for detailed guidance.
- Rehabilitation costs
- Medical bills and expenses
- Non-economic damages in the form of PTSD, anxiety, depression, and more
Reaching a Settlement: Liability and Negligence in Your Auto Accident Case
In most cases, your lawyer will begin by tallying up your economic losses (such as medical bills), and will then go on to account for your non-economic losses. This covers the cost of your mental and emotional pain and suffering, and while this can be a trickier area to put a number to, your Munley texting while driving lawyer will work tirelessly to account for each and every part of your trauma.
This number is then presented to the defendant and their legal team. They will then either accept it or, more likely, counter with a lower offer. This is another reason it’s crucial to have an experienced lawyer on your side, so they can continue to fight for you and ensure you’re not lowballed with an unfairly small settlement.
In the rare event you do need to go to trial, our car accident lawyers can protect you in the courtroom as well. Not all personal injury attorneys are able to do this, but all Munley Law Personal Injury Attorneys lawyers have hands-on trial experience so you are protected every step of the way.
Call Our Allentown Law Firm’s Distracted Driving Accident Attorneys
Collisions claims, including those around distracted driving accidents, can be overwhelming. Our Allentown personal injury attorneys specializing in distracted driving car accident cases have been successfully representing victims for decades. We will fight for you to receive the financial compensation and justice you are owed.
The team of excellent, highly-trained attorneys at Munley Law will work tirelessly for you, and we do not get paid unless you win. We have a stellar record when it comes to accident cases and will make sure your claim is taken seriously.
