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Our Stroudsburg Distracted Driving Accident Attorneys Are Here to Help

If you were involved in a distracted driving accident in Stroudsburg, it can be challenging to get compensation for your injuries. It’s always a good idea to speak with an experienced Stroudsburg distracted driving accident lawyer at Munley Law to learn your legal options. We offer free consultations and work on a contingency basis, so you won’t have to worry about paying a fee until the case is settled. Contact our Stroudsburg car accident lawyers today to start your claim.

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What is Distracted Driving?

a Stroudsburg distracted driving accident lawyer speaks with a clientDistracted driving is characterized by any behavior that takes a driver’s attention away from driving. This includes various activities, such as cellphone use, texting, eating, applying makeup, or adjusting the car’s audio or navigation controls while operating the vehicle. According to the Centers for Disease Control and Protection (CDC), “nine people in the United States are killed every day in crashes that are reported to involve a distracted driver.”

According to the United States Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), “sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.” And we witness it every day. We all see drivers diverting their attention to the road by looking down at their phones.

Texting requires visual, manual, and cognitive attention, which means that texting drivers are not entirely focused on the road. How a driver reacts to unexpected dangers, like the behavior of other drivers, weather changes, construction areas, animals, or objects on the road, can often determine whether they have a near-miss or a collision. If a driver’s brain is overloaded with information, their ability to process it slows down, making them more susceptible to failing to respond promptly to unforeseen hazards and ending up in a crash.

What Are Pennsylvania’s Distracted Driving Laws?

While driving in Pennsylvania, it’s legal to talk on the phone, but it is prohibited to use an Interactive Wireless Communication Device (IWCD) to send or read text messages while operating a vehicle. Texting while driving is considered a primary offense, which means law enforcement officers can stop and cite drivers solely for witnessing that violation.

3316 of the PA Vehicle Code states, “No driver shall operate a motor vehicle on a highway or traffic way in this Commonwealth while using an interactive wireless communications device to send, read or write a text-based communication while the vehicle is in motion. A person does not send, read or write a text-based communication when the person reads, selects or enters a telephone number or name in an interactive wireless communications device to activate or deactivate a voice communication or a telephone call.”

The texting prohibition does not include using a Global Positioning System (GPS) device that is physically or electronically integrated into the vehicle or a communications device affixed to a mass transit vehicle, bus, or school bus. Without incident, drivers found guilty of texting while driving have committed a summary offense and will be sentenced to pay a $50 fine.

How Can a Distracted Driving Accident Lawyer Help?

man texting while driving before getting into a Stroudsburg distracted driving accidentIf you’ve been the victim of a Stroudsburg distracted driving accident, this is likely a stressful time for you as you deal with your injuries and the trauma of the event. It is crucial to understand your legal choices and to realize you could potentially receive compensation for the damages you’ve incurred. A Stroudsburg personal injury attorney can help you navigate your options.

To establish that a driver is at fault for their distracted behavior, proving that they were negligent in their actions is imperative. To demonstrate negligence on the part of the driver responsible for the accident, the victim must provide evidence to support the following elements:

  • Duty: While driving a motor vehicle, the driver must exercise reasonable care and caution towards all other individuals sharing the road. Drivers must follow traffic laws and drive safely and reasonably. In distracted driving cases, drivers are held to the same level of care as a reasonable person driving under similar circumstances.
  • Breach of Duty: The driver failed to meet their responsibility to exercise reasonable care.
  • Causation: The failure of the driver to meet their responsibility caused an accident.
  • Damages: As a direct result of the accident, the victim suffered damages such as injuries, pain and suffering, lost earnings, property damage, and medical bills.

What Can a Stroudsburg Car Accident Lawyer Do?

A Stroudsburg car accident lawyer can gather evidence, hire expert witnesses, negotiate with the insurance company, and protect your rights in the courtroom. Proving that a driver’s distraction caused an accident can be difficult. How do you prove that a driver was reaching for a piece of gum that fell between the seats? Or fumbling to plug in their phone charging cord? Or swiping through their phone to turn Bluetooth on? These are some ways a lawyer’s skills and expertise can help you build your case:

  • Evidence gathering: Lawyers have access to resources and knowledge to gather evidence that can help to support the case. They are adept at investigating incidents and collecting witness statements, video footage, and other relevant evidence.
  • If a cell phone is suspected to have caused an accident, obtaining phone records through a subpoena may be required to prove that the driver was using the phone. While police reports can provide some insight into the incident, further investigation may need to be conducted on the victim’s behalf. One possible avenue to pursue is to speak with witnesses who may have seen the driver using the phone leading up to the collision.
  • Expert testimony: Lawyers can also bring in expert witnesses to provide testimony about the impact of distracted driving on accidents, injuries, and fatalities.
  • Expert witnesses in distracted driving cases may be individuals with psychology or accident reconstruction expertise. They can offer scientific evidence and data to support their opinions and can help the jury understand complex technical information.
  • An expert witness can also analyze the driver’s behavior leading up to the accident, including reviewing phone records or video evidence to determine whether the driver was using a phone or other device during the crash.
  • Dealing with insurance companies: Insurance companies often try to settle for less than what should be owed. Lawyers are prepared to negotiate and advocate for you to get a fair settlement.
  • Negotiation: A Stroudsburg car accident lawyer can sometimes negotiate with the at-fault party to reach a settlement and avoid trial. If the settlement terms are satisfactory to the parties, negotiation can be optimal because it cuts out litigation costs and provides a secure outcome.
  • Knowledge of the law: A lawyer can provide valuable insights into the relevant laws and regulations regarding distracted driving. Their specific training and experience make lawyers invaluable to victims of distracted driving accidents.
  • Advocacy: Lawyers can also advocate for increased awareness and stricter penalties for distracted driving. They can work to change public opinion and policy around this dangerous behavior.

What Damages Can I Receive in a Stroudsburg Distracted Driving Accident Case?

In car accidents caused by distracted driving, the damages incurred may include economic and non-economic aspects. Typically, economic damages cover the injured victim’s medical expenses and lost income, including the time they had to take off from work. Non-economic damages are more subjective and difficult to quantify. Some damages included are:

Economic damages

  • Lost income
  • Diminished earning capacity
  • Medical bills
  • Prescription medication fees
  • Property damage
  • Accommodations for disabilities and/or long-term care facilities

Non-economic damages

  • Pain and suffering
  • Emotional distress or mental anguish
  • Loss of enjoyment of life
  • Loss of consortium, including spousal companionship and support

Call Munley Law for Your Free Consultation

The Stroudsburg distracted driving accident attorneys at Munley Law are here to share their knowledge, experience, dedication, and history of excellent results on your behalf. We aim to deliver exceptional legal assistance to our clients who have suffered personal injuries. By working collaboratively and utilizing our vast resources and expertise, we strive to uphold the utmost level of excellence in safeguarding our clients’ rights.

Our team of Monroe County’s top lawyers will thoroughly assess your case without any charge, and you won’t be required to make any upfront payments or bear any out-of-pocket expenses.

If you or someone you love needs representation for a Stroudsburg distracted driving accident case, contact Munley Law today for a free no no-obligation consultation.

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    Munley Law Personal Injury Attorneys

    27 N 6th St,
    Stroudsburg, PA 18360
    +15703384494

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