Munley Law’s Carbondale distracted driving lawyers have extensive experience handling cases involving drivers who cause crashes due to texting, phone use, or other distractions. We understand how difficult it can be to prove that distraction caused an accident, and we can investigate the circumstances of your crash, gather evidence, and work to identify the responsible party.
Our car accident lawyers have won millions in settlements, including a $26 million truck accident settlement and a $17.5 million verdict for a car accident-related teen’s death. We have extensive local experience in Carbondale and understand the roads, courts, and legal challenges that can affect accident claims throughout Lackawanna County. We are committed to helping injured clients understand their rights and pursue the compensation they may be entitled to for medical expenses, lost income, pain and suffering, and other losses.
If you or a loved one has been injured in a crash caused by a distracted driver, contact Munley Law today for a free consultation.
Call Us At 844-686-5397 How Can Munley Law’s Distracted Driving Car Accident Lawyers Help You?
To have a distracted driving claim, you must prove that the other driver was distracted behind the wheel. However, this segment of personal injury law is more challenging than you may think. In cases where a driver was on their phone, cell phone records may be obtained to prove a lack of awareness. However, it may sometimes be complicated to prove the driver was distracted.
This is where our Carbondale, PA car accident attorneys come in.
We work with you to determine the cause of the auto accident by reviewing police reports, talking to other drivers who may have been involved in the crash, working with accident reconstruction specialists, and reviewing your medical records.
Below are more ways our compassionate legal team can assist you during this trying time.
Communicate with the Insurance Companies
Even though you have an insurance policy to protect you in the case of an auto accident, your insurance company will still look for ways to minimize the damages they pay out for the wreck—even if you were not at fault and a negligent driver was.
Further, the other driver’s insurance company will call you to seek a statement to alleviate their client’s burden.
These agents know what to look for and how to trip you up. That is why we’ll handle communications with insurance companies to ensure you are treated fairly and receive fair compensation.
Calculate the Value of the Motor Vehicle Accident
Understanding what your claim is worth is vital in dealing with insurance companies or filing a lawsuit. Our team will review your losses, including medical expenses, future medical care, property damage, and lost wages, to calculate the value of your car accident claim.
We’ll also examine the intangible losses you suffered, such as pain and suffering, loss of enjoyment of life, and anguish, as these can significantly impact your future, too.
File Your Claim Within the Statute of Limitations
In Pennsylvania, you have two years from the date of the distracted driving accident to file a claim. While two years may seem like a long time, you must move quickly as evidence can disappear, weakening your case.
If you suffered a severe injury and cannot file the claim yourself, we can do it for you so that you can focus on your health. This ensures all deadlines are met, and paperwork is filed efficiently and correctly according to Pennsylvania laws.
Represent You In Court
Most personal injury cases are settled outside of court, but sometimes, car accident victims must file a lawsuit against the at-fault party. Should you need to, our team can represent you in court and handle the lawsuit.
What To Do After a Distracted Driving Accident
Your actions following your distracted driving car accident will be critical to your claim. Missing a step can result in losing out on compensation you would otherwise be entitled to for your losses.
Munley Law provides car accident victims with a legal strategy to ensure maximum results.
Contact a Car Accident Lawyer in Carbondale
In the days following your car crash, you must contact a Carbondale car accident lawyer for a free consultation. During a free case evaluation, you will learn the best next steps and what needs to happen to get compensated for your injuries.
Even if you’re not ready to start legal action, it is best to move quickly to decide what options fit your situation and how to move forward.
Receive Medical Care
After the accident, you were hopefully examined by a medical professional to check for injuries. You must document any treatment you received and continue to seek care for your injuries.
This protects your health and documents the severity of your injuries, which can directly impact your compensation. So, keep all medical bills and reports on hand as evidence.
File and Obtain a Police Report
Under Pennsylvania law, you have five days after an accident to file a police report–but it’s always best to do so right at the crash scene.
Once filed, you have a right to obtain a copy of the police report, which will include key details such as an overall summary of the accident, a list of the parties involved and any witnesses, documentation of any injuries and treatment given to parties involved, and if any citations were given to either driver.
This will be crucial evidence in your case.
Collect Evidence
In addition to the police report, you will want to collect any other pieces of evidence from the car accident. This includes photos and videos from the scene, testimony, and proof of damage to your vehicle.
Communicate With Your Insurance Company
Though you will want your lawyer to handle most of the communication with the insurance company, you still need to notify your auto policy provider that you were involved in an accident. Do not admit fault or state the accident; this can be used against you later.
Understanding Carbondale Distracted Driving Accidents
Distracted driving accidents are becoming increasingly common, claiming the lives of more than 3,500 people in 2021 and causing 3,275 fatalities in 2023. According to the Judicial System of Pennsylvania, over 10,000 distracted driving offenses were reported in the state between 2020 and 2024, with drivers in their 20s as the most common offenders, accounting for 30% of all offenses.
Sometimes, a driver may be only partially distracted, such as listening to the radio too loudly. Other times, a driver’s actions may overwhelm their senses and cognitive ability, making the situation even more dangerous. PA Courts notes that texting while driving, using handheld devices behind the wheel, and even wearing headphones while driving all constitute distracted driving in Pennsylvania. There were 56 instances of distracted driving reported in Lackawanna County in 2024, and 238 recorded between 2020 and 2024.
Moreover, according to the Pennsylvania Department of Transportation (PennDOT), while the 1,127 traffic fatalities reported in the state in 2024 constitute the second lowest number since recordkeeping began, and 82 fewer than in 2023, driver behavior (including distracted driving) is still the leading cause of these crashes, causing up to 83% of accidents each year.
Knowing the common causes of these auto accidents can help protect you on roadways and in the legal process if you’re involved in a crash with a distracted driver.
Causes of Distracted Driving Car Crashes
You may think that a second flip of the radio station hasn’t taken your attention from the roadway, but anything can happen in the blink of an eye. Some of the most common causes of distracted driving include:
- Talking and texting on cell phones
- Talking to a passenger
- Moving objects in the vehicle
- Adjusting vehicle controls (i.e., radio, heat, mirrors, seats, etc.)
- Reaching for something
- Rubbernecking or looking at an accident on the side of the road or work zone
- Eating or drinking
- Smoking or vaping
- A drunk driver
Common Injuries
Distracted driving car accident victims may develop severe and even life-threatening injuries such as:
- Traumatic brain injuries (TBI)
- Broken bones
- Spinal cord, neck, and back injuries
- Loss of limbs
- Paralysis
- Internal bleeding and damage
- Scarring or disfigurement
- Burns
Proving Negligence in a Distracted Driving Car Accident
Much like a motor vehicle accident, victims must prove negligence occurred, leading to their losses. To prove negligence in a distracted driving accident, you must show that:
- The driver owed you a duty of care to drive safely and act reasonably behind the wheel. This includes following traffic laws like Pennsylvania’s Texting While Driving Ban.
- The driver breached this duty by not following safe driving practices.
- The breach caused your injuries.
- As a result, you suffered damages. Damages can be financial, property damage, injuries, etc.
In an insurance claim, the insurance company will try to argue that negligence wasn’t the cause of your injuries, but some other factor, to reduce the compensation they are held accountable for. Car accident lawyers with experience know the game the insurance adjusters play, and we will negotiate until we believe a fair settlement can be reached on your behalf.
What Types of Compensation are Available for Distracted Driving Crashes and Injuries?
Following a distracted driving accident, you have two options for financial recovery: filing an insurance claim or filing a lawsuit. Munley Law can help you determine which option best suits your case.
File an Insurance Claim
Generally, you will first file a claim with your insurance company to see what they offer you for your losses. Typically, you’ll get a lowball settlement at first. But, with an attorney at your side, we can negotiate a payout that best supports your needs for injuries, property damages, and more.
File a Lawsuit
Unfortunately, even with an attorney, the insurance company may not budge on what they offer. Or, you may have exceeded the policy limits for the total damages you received. In that case, you can file a lawsuit for compensation.
Types of Compensation Available
As a distracted driving accident victim, you may be entitled to two forms of compensation–economic and non-economic damages.
Economic Damages
Economic damages work to compensate you for tangible losses. This can include:
- Past and future medical expenses
- Medications, home modifications, and assistive devices
- Lost income and wages
- Diminished earning capacity
- Property damage
To collect compensation for economic damages, keeping a record of any bills you accumulate from the accident is critical. Medical treatment, hospital stays, pay stubs, and vehicle repairs can all be used to show the losses you endured directly.
Non-Economic Damages
Depending on the severity of your injuries, you may also be entitled to non-economic damages. These damages are more challenging to quantify because they don’t come with a receipt or estimate from a professional. Instead, your legal team will look at the accident’s aftermath holistically to see how your life has been impacted. If successful, you may seek compensation for:
- Pain, suffering, and mental anguish
- Diminished quality of life
- Mental health complications like anxiety, depression, and post-traumatic stress disorder (PTSD)
- Loss of consortium and loss of companionship
If the accident resulted in the death, the family may also be entitled to wrongful death losses, including funeral and burial costs.
Can I Seek Compensation If I’m Partially At Fault?
Pennsylvania follows a comparative negligence rule for determining fault. This means you must be less than 51% responsible for a wreck to collect compensation for your losses. If it is found you are more than 50% at fault, you are barred from seeking compensation.
Even if you share some of the fault for the collision, your lawyer may be able to enact effective legal strategies to compensate you for your losses. Your percentage of fault will reduce your compensation. This makes it all the more important to act quickly. Even the most minor admission of involvement can ruin your chances of maximum financial recovery if left with the wrong legal representation.
How Munley Law Can Help With Your Distracted Driving Case
Not all car accident lawyers can handle the demands of a distracted driving accident. But Munley Law can. For decades, our Carbondale car accident attorneys have helped accident victims and their families secure fair compensation for their serious injuries. As a Lackawanna County car accident law firm, you need a team to pick up the pieces when an accident strikes.
We’ve helped victims recover compensation for their losses that include:
- Medical bills
- Lost wages
- Permanent disability and even death from catastrophic injuries
- Property damage
Holding the other party responsible is only part of what we do. Our compassionate team will ensure you feel protected and heard throughout every step of the legal process so you can focus on your health.
Frequently Asked Questions About Distracted Driving Accidents in Carbondale, PA
How Many Car Accidents Do Driver Behaviors Like Distracted Driving Cause?
According to PennDOT, driver behaviors like distracted and aggressive driving cause as many as 83% of the crashes that take place in Pennsylvania each year.
How Many Distracted Driving Crashes and Injuries Happen Annually in Pennsylvania?
Data from PennDOT shows that there were 9,950 road accidents caused by distracted driving in 2024. These crashes caused over 6,000 injuries and also led to 49 preventable deaths in the state.
How Many Distracted Driving Offenses are Reported in Lackawanna County Each Year?
Data from PA Courts shows that 238 distracted driving offenses were reported in Lackawanna County between 2020 and 2024. 56 of these reports were filed in 2024 alone, up from 51 in 2023 and 39 in 2022. Between 2020 and 2024, distracted driving offenses accounted for 2.31% of all recorded in Pennsylvania during the four-year period.
Which Drivers Are Most Likely to Drive While Distracted in Carbondale?
According to PA Courts, drivers in their 20s are the greatest offenders, accounting for 30% of the distracted driving offenses reported. Further, 71% of the offenders in 2024 were male drivers.
How Long Do I Have To File a Personal Injury Claim in Carbondale, PA?
Pennsylvania’s two-year statute of limitations applies from the date of the accident. If the injured person was a minor at the time of the crash, the deadline is extended until their 20th birthday.
When Are Distracted Driving Accidents Most Likely to Happen?
PA Courts data says that the highest number of distracted driving offenses happen between the hours of 10 am and 12 pm. As of 2024, May and August had the largest numbers of distracted driving incidents, while the lowest number of monthly citations was issued in December.
Contact Munley Law for Your Carbondale Distracted Driving Accident Case
The seasoned distracted driving accident lawyers at Munley Law have handled dozens of distracted driving crash and injury claims, and are ready to handle your case as well. Our firm has nearly 70 years of experience in personal injury law, and has won over $1 billion for our clients to date.
All of our partners have been named to the Irish Legal 100 and the Lawdragon 500 Leading Plaintiff Consumer Lawyers list, with Marion Munley also named to the Lawdragon 500 Leading Lawyers in America list. Our partners each hold AV Preeminent Ratings from Martindale-Hubbell, and eight of our attorneys have been named to Super Lawyers, including Marion Munley. Marion Munley has been named to the Top 10 Super Lawyers in Pennsylvania, Top 100 Super Lawyers in Pennsylvania, and Top 50 Women Pennsylvania Super Lawyers directories. Marion Munley has been honored as Best Lawyers’ Lawyer of the Year for Personal Injury Litigation, and J. Christopher Munley is named to the National Trial Lawyers Association’s Top 25 Motor Vehicle Trial Lawyers list.
All of our attorneys belong to the American Association for Justice, where Marion Munley serves as Vice President and the first woman to head the Trucking Litigation Group. We are also the only Pennsylvania law firm to have three lawyers board certified in Truck Accident Law by the National Board of Trial Advocacy, qualifying us to handle truck-related distracted driving cases as well.
Contact us today for a free, no-obligation initial consultation to learn more about your legal options. We will fairly evaluate your injuries, identify the culpable parties, and help you to secure the compensation you need for a full recovery.
Marion Munley
Marion Munley has been a practicing auto accident lawyer for nearly 40 years. During her career, she has helped clients across auto accident cases, winning multi-million dollar settlements for auto accident victims. Notable verdicts include a $17.5 million jury verdict for a teen death caused by a car accident, and a $1.9 million settlement for a family hit by a 16-year-old driver. Marion has also advocated for motor vehicle victims through speaking engagements such as “Pennsylvania Practice Program: Auto and Trucking Cases” and “Collision Investigation and Reconstruction in Motor Vehicle Cases”. Marion is also to become triple board-certified by the National Board of Trial Advocacy, alongside this, she is currently serving as Vice President of the American Association for Justice.
