Texting behind the wheel makes you 23 times more likely to get into a crash. According to the Virginia Tech Transportation Institute, you are six times more likely to be in a motor vehicle crash while driving if you’re texting versus if you were intoxicated. Still, people all over the city of Pittsburgh use their phones while driving every day, and innocent people get hurt. If you were injured in a car accident in western Pennsylvania caused by someone who was texting and driving, a Pittsburgh texting and driving accident lawyer at Munley Law can help make things right. We represent drivers, passengers, pedestrians, motorcycle riders, and bicyclists who have been injured in Pittsburgh and Allegheny County by distracted drivers.
Contact a Pittsburgh car accident lawyer at Munley Law Personal Injury Attorneys today for a free consultation. We will listen to you, answer your questions, and explain what comes next. There is no charge for the consultation, and we do not get paid unless we win your case.
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Experienced Texting While Driving Accident Lawyers in Pittsburgh
As the injured victim, you have the right to seek compensation for your losses with the help of a car accident attorney. Not all law firms are equally capable or qualified to help you. Choosing a Pittsburgh texting and driving accident lawyer with experience winning cases like yours is essential. Munley Law Personal Injury Attorneys have been helping people throughout Pennsylvania since 1959. We are board-certified trial lawyers with extensive resources and a long track record of winning maximum compensation for injured victims.
It is essential that you do not give a statement to the other driver’s insurance company or accept an offer of settlement. Insurance companies frequently offer settlement amounts far below what claimants receive with the help of a lawyer. If you accept a settlement, you may be barred from seeking additional compensation. Allowing an attorney to represent you and negotiate with the insurance company is the best way to protect yourself and achieve the best possible outcome in your claim.
Damages in a Pittsburgh Texting and Driving Accident Case
The purpose of a Pittsburgh texting and driving accident lawsuit is to make you, the victim, whole again and to hold the at-fault party accountable for their negligent actions. A car crash caused by texting and driving can cause serious damage. Common injuries in a texting while driving accident includes broken bones, neck and back injuries, scarring, and traumatic brain injuries, which can take months to heal fully. You may have to miss time from work or be prevented from doing your job for an extended period.
By filing a lawsuit in court, you will not only see that justice is done, but you can also demand compensation for your losses, also called damages. As the plaintiff in a personal injury case, you can seek economic and non-economic damages.
Economic damages include out-of-pocket expenses and other financial repercussions such as hospital bills, follow-up and future treatment, surgeries, medications, adaptive equipment, lost wages, lost earning power, physical therapy, and more.
Non-economic damages include the intangible harm you’ve suffered as a result of the texting and driving crash, such as mental anguish, emotional distress, diminished quality of life, and pain and suffering.
Proving Negligence in a Texting While Driving Case
Duty of Care: The plaintiff (injured party) must establish that the defendant owed them a legal duty of care. This duty of care varies depending on the circumstances and the relationship between the parties. For example, drivers must operate their vehicles safely and obey traffic laws. This includes abiding by the distracted driving laws in Pennsylvania and refraining from texting while driving.
Breach of Duty: The plaintiff must demonstrate that the defendant breached their duty of care. This means the defendant failed to act reasonably or fulfill their duty of care. You must show that the defendant’s actions or omissions fell below the expected standard of care.
Causation: The plaintiff must establish a causal connection between the defendant’s breach of duty and the injuries suffered. There are two types of causation to develop:
- Cause in fact (actual cause): The plaintiff must prove that “but for” the defendant’s breach of duty, the injury would not have occurred. In other words, the defendant’s actions were a direct cause of the injury.
- Proximate cause (legal cause): The plaintiff must show that the injuries were a reasonably foreseeable consequence of the defendant’s breach. The harm suffered must be within the scope of the risks that the defendant’s actions created.
Damages: The plaintiff must demonstrate that they suffered actual damages due to the defendant’s breach of duty. Damages can include medical expenses, lost wages, pain and suffering, emotional distress, and other losses resulting from the injury.
Pittsburgh Texting and Driving Accident FAQs
How common is texting and driving in Pittsburgh?
Allegheny County has one of the highest rates of distracted driving in all of Pennsylvania. Allegheny County has had the highest number of car crashes caused by using handheld devices of any county in the state from 2018 to 2022. And Allegheny County had the second-highest percentage of distracted driving citations in the state, at 8% of the statewide total.
Is it illegal to text and drive in Pittsburgh?
Texting while driving is a summary offense in Pennsylvania. State law prohibits drivers from using interactive wireless communication devices to read, write, or send messages, including texts and emails, while driving. The penalty for violating this law is a fine of $50.00. Realistically, this penalty is nothing compared to the deadly and destructive consequences that too often result from distracted driving. Commercial drivers are prohibited from using a handheld device while driving, including talking on the phone.
How can I prove the other driver was texting?
Your Pittsburgh car accident lawyer will work to prove that the driver who caused your crash and resulting injuries was texting behind the wheel. We can accomplish this in several ways. Your attorney may look to the police accident report to determine if the other driver was cited for using a handheld device behind the wheel. The report may also indicate whether the driver admitted to texting while driving at the crash scene. We can also interview witnesses and collect evidence, including surveillance footage from traffic cameras or nearby businesses. Your lawyer can subpoena the defendant driver’s phone records to determine whether a message was being sent or received during your crash. Our attorneys can also work with crash reconstruction experts to obtain information about your accident and how it was caused. For example, a lack of skid marks indicates a failure to apply the brakes, which suggests that the driver who hit you may have been distracted.
Pittsburgh Practice Areas
Munley Law Personal Injury Attorneys
510 Third Avenue
2nd Floor,
Pittsburgh, PA 15219
+14125345133
