A Philadelphia Distracted Driving Accident Attorney is Here to Help
Distracted driving is a growing problem throughout Pennsylvania, especially for inexperienced drivers. The increase in use of cell phones and new technology in vehicles is increasing distracted driving more than ever before. Getting into an accident with a distracted driver in Philadelphia can result in hundreds of thousands of dollars in medical bills, property damage, and lost income. You could be facing a long road to recovery and will need the expertise of a Philadelphia distracted driving accident lawyer to help you with your claim.
$32 Million Wrongful Death
$26 Million Truck Accident
$17.5 Million Car Accident
$12 Million Product Liability
$9 Million Truck Accident
$8 Million Truck Accident
$8 Million Truck Accident
$7.5 Million Auto Accident
$6.9 Million Garbage Truck Accident
$6.5 Million Traumatic Brain Injury
$5 Million Medical Malpractice
$5 Million Bus Accidents
If you or someone you love has been injured in a Philadelphia distracted driving accident, our experienced distracted driving accident attorneys are ready to fight for you today. Let the Philadelphia car accident lawyers at Munley Law Personal Injury Attorneys pursue your personal injury claim so you can focus on healing both physically and emotionally.
Call today or use our online form to schedule your free consultation.
What Is Distracted Driving?
Distracted driving happens when a driver tries to engage in another activity while driving a motor vehicle. The Pennsylvania Department of Transportation states that distracted driving occurs when anything causes a driver to take their attention away from driving, take their eyes off the road, or take their hands off the wheel.
There are numerous things that can take a driver’s attention off the road and off the task of driving. Some common distractions include cell phone use, texting, conversations with passengers, children in the backseat, eating and drinking, using a navigation system, and using the radio. In other words, any collision caused by a driver not paying attention to driving is considered an accident caused by a distracted driver. However, the leading cause of distracted driving is using a cell phone for calls or reading or answering texts or emails while driving.
Distracted Driving Is Deadly
Distracted driving is dangerous. According to U.S. Centers for Disease Control and Prevention (CDC):
- In the United States in 2019, over 3,100 people were killed and about 424,000 were injured in car crashes involving a distracted driver.
- About 1 in 5 of the people who died in crashes involving a distracted driver in 2019 were not in vehicles―they were walking, riding their bikes, or otherwise outside a vehicle.
- The most common distractions that lead to distracted driving are cell phones.
What Can a Philadelphia Auto Accident Lawyer Do For Me?
An experienced distracted driving attorney will handle all aspects of your claim, from collecting evidence at the accident scene to going to trial. Some of the things the experienced lawyers at Munley will do include:
Collect Evidence at the Scene
Prompt investigation of the accident scene is crucial as evidence can quickly disappear and you will need someone on your side who will save it. This is especially true of you suffer catastrophic injuries that require immediate medical help from emergency services at the scene.
Show That the Other Driver Was Negligent
In order to win your personal injury case, you must prove negligence. This means you must show that the other driver did not act like a reasonable person would act while driving, and this breached their duty of care. Paying attention while driving is part of the driver’s duty of care.
When you pursue a distracted driving lawsuit, you will need to show that the distracted driver’s breach of their duty of care caused the accident. One way to do this is by proving that the other driver was distracted, either by a visual distraction, cognitive distraction, or manual distraction.
Collect Evidence After the Distracted Driving Accident
When proving negligence in motor vehicle accidents, your Philadelphia personal injury lawyer may collect evidence to show that the other driver was engaged in some activity that is a manual, visual, or cognitive distraction.
For example, your car accident lawyer may obtain cell phone records to show that the other driver was using their phone and not paying attention to driving, or that his hands were not on the steering wheel. Or your lawyer may interview witnesses to determine if the driver was not paying attention because they were drinking, adjusting their clothes, or engaging with the navigation system in the car.
Estimate How Much Your Claim Is Worth
The initial settlement you receive from insurance companies generally does not cover all your expenses. That’s because the adjuster is trying to settle your claim for the lowest amount possible. Unfortunately, many injury victims don’t know how much their claim is truly worth and will take the first settlement offer they receive. This is a mistake.
Negotiate With the Insurance Company
Insurance companies will do whatever they can to pay you as little as possible. Insurance adjusters may try to bully you or persuade you to take the first amount offered. You’ll need a strong negotiating team to help you with a settlement to ensure you receive compensation for all expenses, lost income, and more.
Represent You in Court
If a settlement cannot be reached, you’ll need an aggressive trial team to represent you in the courtroom. All the attorneys at Munley Law Personal Injury Attorneys have experience handling personal injury claims in the courtroom and will fight on your behalf.
What Compensation Can I Receive as a Victim in a Distracted Driving Accident?
Victims of Philadelphia car accidents caused by a distracted driver may be able to recover compensation for some or all of the following:
Present and Future Medical Bills
You may be entitled to receive compensation for past, present, and future medical treatment. Medical expenses may include hospital stays, physical therapy, or any cost incurred in the treatment of an injury caused by a distracted driving accident.
Rehabilitation and Physical Therapy
An accident a distracted driver causes can lead to all types of injuries, many resulting in long-term medical care. This can include physical therapy and rehabilitation services. You may be able to receive compensation from your insurance company for your current medical bills and future medical expenses required for your ongoing care.
Lost Wages and Lost Earning Capacity
Your normal life may be on hold after a motor vehicle accident, and your injuries may have stopped you from working. You may be able to receive compensation to cover your lost income as well as any future lost wages that you will miss because of the injuries you sustained.
Mental Anguish and Emotional Distress
In addition to physical injuries, car accidents are a traumatic experience that can result in mental anguish and emotional distress. You may be able to recover compensation for your resulting anguish, such as depression, stress, and even loss of sleep, as well as the costs associated with them.
Loss of Enjoyment of Daily Activities
Similar to emotional distress, distracted driving accidents may cause injured victims to lose enjoyment in their usual daily activities. They may withdraw from social interactions and lose interest in activities that they enjoyed prior to the motor vehicle accident.
Loss of Consortium / Loss of Companionship
If you have been severely injured in a Philadelphia distracted driving accident, you may experience a loss of consortium. Simply put, loss of consortium refers to the deprivation of the benefits of parenting or married life due to the inability to show affection or love.
Wrongful Death Damages
If your family member was killed, you may be able to seek compensation from the at-fault driver in order to get justice for your loved one and to ensure you and your family are secure financially in the future. These damages allow you to grieve, move forward, and build a life without worrying about providing for your family. You may be entitled to receive some or all of the following forms of compensation:
- Payment for damage to your vehicle, or to buy another vehicle
- Payment for your and your loved one’s medical expenses
- Payment for past and future lost wages
- Compensation for emotional anguish and mental pain and suffering
- Reimbursement for funeral expenses
The experienced personal injury lawyers of Munley Law Personal Injury Attorneys can help you prove the negligence of the distracted driver so you can receive all the compensation you are owed.
What To Do After an Accident Caused by a Distracted Driver in Philadelphia
In the immediate aftermath of motor vehicle accidents, there are things to do at the accident scene if you are able. The steps to take include:
- Remain calm
- Stay in your vehicle if it is safe to do so
- Turn on your hazard lights
- Use your cell phone to call 911, even if you sustained injuries that seem minor (for example, internal bleeding can be serious but can be hard to detect immediately following the car accident)
- Seek medical attention for yourself and your passengers
- Never leave the scene of the accident
- Get the names, addresses, and phone numbers of the other drivers involved in the accident, including the distract driver
- Get the names, addresses, and phone numbers of any witnesses
- Write down the names and badge numbers of any police officers at the scene
- Take photographs of any vehicle damage
- Take photographs of any injuries
- Do not admit fault
- File an accident report
- Call your insurance company to start your insurance claim
- Do not discuss the collision with the other drivers or other involved parties. Only discuss the accident with the police officer or your own insurance company.
- Know your legal rights: you are not required to give a statement to the other driver’s insurance company.
If you suffered injuries that are severe, you may not be able to handle these steps at the accident scene. In that case, take these steps as soon as possible after seeking immediate medical attention.
What are the Common Causes of Distracted Driving Accidents in Philadelphia?
One of the most serious forms of distracted driving is texting while driving. The National Highway Traffic Safety Administration (NHTSA) reports that texting and driving leads to more than 3,000 fatalities and 400,000 injuries in the United States every year.
When a driver texts while driving, they are not focusing on the road. They may drift into oncoming traffic or fail to take some action needed to drive safely. Distracted drivers are also more likely to cause injuries to non-occupants of motor vehicles, such as pedestrians and cyclists. In 2019, distracted drivers fatally injured 566 non-occupants in automobile accidents.
In addition to texting while driving, there are other times when distracted driving occurs. The following actions are responsible for many distracted driving accidents:
- Reaching for objects in the back seat
- Responding to children, especially those in the back seat
- Programming or reading a GPS/navigation system
- Adjusting the radio or climate controls
- Talking to passengers
- Changing the radio station
- Eating or drinking while driving
- Reading or responding to emails or social media messages
- Browsing/using social media
- Watching or creating videos on phones or other devices
- Managing pets who are in the motor vehicle
Many drivers think that a quick phone conversation or a brief text or social media message is harmless because “it will only take a minute.” But in reality, it only takes a fraction of a second for a distracted driver to get into an accident, and the consequences can last a lifetime.
What Are the Common Accident Victim’s Injuries in a Philadelphia Distracted Driving Accident?
Thousands of people each year are injured in distracted driving accidents. Some victims sustain life-threatening injuries and injuries that result in permanent disabilities. Victims who sustain catastrophic injuries in distracted driving accidents can suffer for the rest of their lives because of the acts of careless individuals.
Common injuries caused by distracted drivers include, but are not limited to:
- Broken bones
- Traumatic brain injury
- Back, neck (including whiplash), and shoulder injuries
- Spinal cord injuries
- Broken ribs
- Internal bleeding/organ damage
If you have been injured in a distracted driving accident, you are entitled to compensation for your medical costs and other financial and non-economic damages. Having an experienced legal team on your side greatly increases your chance of recovering the maximum compensation for damages resulting from the car accident.
Young Adult and Teen Drivers Are More Likely to Drive Distracted
According to the CDC, among fatal crashes involving distracted drivers in the U.S. in 2019, many involved you and inexperienced drivers:
- A higher percentage of drivers ages 15–20 were distracted than drivers age 21 and older.
- Among these younger drivers, 9 percent of them were distracted at the time of the crash.1
- 39 percent of high school students who drove in the past 30 days texted or emailed while driving on at least one of those days.
Contact a Philadelphia Distracted Driving Accident Lawyer Today.
If you were injured in by a distracted driver, or if your loved one was killed, the distracted driving accident attorneys at Munley Law Personal Injury Attorneys can help. We have years of experience helping victims of car accidents recover the maximum compensation they deserve. We can explain your legal rights in a free consultation.
Contact us today by calling, filling out a contact form, or you can start a chat with us right here.
Frequently Asked Questions About a Philadelphia Distracted Driving Accident
Q: What Are the Different Kinds of Distracted Driving Accidents?
Distracted driving accidents fall into three main categories of distraction:
- Visual distraction: when a driver takes his eyes off the road
- Manual distraction: when a driver takes his hands off the steering wheel
- Cognitive distraction: when a driver takes his mind off driving
Each kind of distraction can lead to a Philadelphia distracted driving accident and result in victims’ injuries that are serious, sometimes catastrophic.
Q: Is Distracted Driving a Traffic Violation Under Pennsylvania Law?
Yes, texting and driving is prohibited under Pennsylvania’s distracted driving laws. Specifically, Pennsylvania law prohibits any driver from using an Interactive Wireless Communication Device (IWCD) to send, read or write a text-based communication while their vehicle is in motion.
According to the Pennsylvania Department of Transportation, an IWCD includes a wireless phone, personal digital assistant, smartphone, portable or mobile computer or similar devices that can be used for texting, instant messaging, emailing, or browsing the Internet.
Also under the law, a text-based communication includes a text message, instant message, email or other written communication composed or received on an IWCD.
Any driver who texts and drives will be considered a distracted driver under the law.
Q: How Do I Protect My Claim Following a Car Accident?
What you do after a car crash is important in proving fault in your personal injury lawsuit. Here are a few things to keep in mind to protect your personal injury claim if you are considering filing a distracted driving lawsuit in order to seek maximum compensation for your injuries and losses:
Request a copy of the police report. The police report will have all the information you need about the car crash. The police report will also give the opinions of the police as to what happened and who may be at fault. Insurance companies use this information when assigning who is at fault and negotiating a settlement.
Contact the insurance companies. Even if you weren’t at fault, you must contact your insurance company to let it know you were in a car accident that involved injuries.
Keep a record of all expenses after the car accident. Not only should you keep track of medical expenses but also time off from work and property damage.
Make all your medical appointments. It’s very important for you to get healthy, which means you need to follow up with your doctor after a car accident. Not only will you get the medical treatment that you need to recover but you will get a better sense of how long it will take to recover from your injuries. This will help your car accident lawyer determine how much your claim is worth.
Don’t accept a settlement offer without speaking to an attorney. The first settlement offer is usually the lowest amount the insurance company is willing to pay. Never accept a settlement offer from an insurance carrier unless you have consulted with a Philadelphia distracted driving accident lawyer.
Q: How Do I Know If I Need a Distracted Driving Accident Lawyer Near Me?
As the injured victim, you may be able to bring a lawsuit against the other driver to obtain maximum compensation for your injury. Unfortunately, you will likely face legal hurdles without a lawyer on your side. Many victims of car crashes don’t get the total compensation they deserve when they handle their claim without a distracted driving accident lawyer.
The legal process can be confusing. Insurance companies profit by settling for as little as possible. As an injury victim, you may be concerned about paying your current medical bills, especially if you’re missing a lot of time from work. So a quick settlement may seem like a good idea. But it rarely is. You will likely have future expenses, so you must consider whether a settlement will cover those future expenses, such as your lost earning potential or rehabilitation.
At Munley Law Personal Injury Attorneys, an experienced and knowledgeable Philadelphia distracted driving accident lawyer will ensure you receive compensation for both present and future medical bills, lost wages, pain and suffering, and other damages. Our Philadelphia distracted driving lawyers will protect your rights aa we seek compensation for your injuries and losses.
Q: How Much Does it Cost to Hire a Top Pennsylvania Lawyer?
At Munley Law Personal Injury Attorneys, we understand the financial burdens following a serious distracted driving accident can be overwhelming. That’s why our car accident lawyers work on a contingent fee basis. This means we do not collect legal fees unless we obtain a settlement or verdict for you.
You pay nothing upfront.
Plus, we offer a free consultation to review your car accident case and inform you of your rights.
If you think you may have a car accident case, or if you have questions about filing a lawsuit, we will evaluate the details of your situation at no charge and let you know what legal options are available for you.
Why Choose Munley Law Personal Injury Attorneys?
With so many law firms to choose from, how do you know who you can trust to fight for you and your family after a distracted driving car accident? Here’s what sets Munley Law Personal Injury Attorneys above the rest:
Track Record – Munley Law Personal Injury Attorneys has earned national recognition for our large settlements and verdicts. We have recovered millions of dollars for our clients. Our entire staff works diligently to make sure you get the maximum compensation owed to you.
Experience – When it comes to complex cases, experience counts. Each of our partners has decades of experience representing individuals and families in distracted driving cases. Because we are a family firm, we often work closely together on our distracted driving cases to achieve the best possible results for you.
Industry Leaders – The board-certified attorneys at Munley Law Personal Injury Attorneys are among the highest-rated and most respected legal advocates in the country. Other lawyers regularly look to us as industry experts. All of our credentials (including Best Lawyers in America, Best Law Firms, Pennsylvania Super Lawyers, and Million Dollar Advocates Forum) reflect the fact that we are an exceptional law firm.
Resources – At Munley Law Personal Injury Attorneys, we utilize resources that are typically available only to big law firms. We work closely with our network of engineers, reconstructionists, investigators, experts, and in-house medical personnel to build your distracted driving case.
Client Satisfaction – Perhaps the best testament to our success is the satisfaction of our past clients. Read what former Munley Law Personal Injury Attorneys clients have to say about their experience with our firm.
Our No-Fee Promise – We do not collect a fee unless we win your distracted driving case. If we do not produce results for you, you owe us nothing.
Contact a Philadelphia Distracted Driving Accident Lawyer Today
The injury you or your loved one suffered could impact your life forever. We will work hard to recover the maximum amount of money for the injuries caused by the distracted driving accident. At the Philadelphia law office of Munley Law Personal Injury Attorneys, our personal injury lawyers have extensive experience with a wide range of personal injury cases and will help you seek compensation to cover your losses.
You should not have to face financial expenses on your own if someone else caused your accident. If you’ve been injured in a Philadelphia distracted driving accident, a car accident lawyer at Munley Law Personal Injury Attorneys can assess your case and discuss your legal options. Contact the law offices of Munley Law Personal Injury Attorneys today for a free consultation.