Motorists are often warned of the dangers involved with texting while driving. However, accidents involving cell phones in Montgomery County continue to occur.
When a driver chooses to use their cell phone while operating their vehicle, they put themselves and others on the road at risk of serious harm. If you or a loved one were injured by a motorist who was texting while driving, you could benefit from speaking with a knowledgeable and experienced personal injury attorney.
Pennsylvania Laws Governing Texting While Driving
The use of a cell phone while operating a vehicle is illegal in the state of Pennsylvania. Motorists are prohibited from driving with a cell phone in their hand or next to their ear. This is because cell phones distract drivers from the road and oftentimes cause accidents and injury to both the distracted motorist and innocent parties, including other drivers, pedestrians, and bikers. Cell phone usage includes phone calls, texting, and using social media apps while driving.
On the other hand, most modern vehicles have a Bluetooth feature that allow driver’s cell phones to connect to the car’s own system. This and other hands-free devices are not illegal to use while operating a vehicle. However, using these devices is not recommended because it still results in a level of distraction.
How Does Cell Phone Use Impact Liability?
Civil claims stemming from vehicle collisions rely on the legal theory of negligence. If a motorist fails to drive in a safe and responsible manner, a court could find them negligent and therefore liable for any resulting damages they caused.
When it comes to accidents involving cell phone use, a local attorney could use evidence of a defendant texting at the time of the collision as proof of negligence. However, cases become more complicated if it is found that the plaintiff was also texting at the time of the wreck.
The defense may file to subpoena the claimant’s cell phone records to see if they were distracted and therefore a contributory cause of the accident. If the claimant’s cell phone was being used at the time of the wreck, the defense can ascertain that the plaintiff contributed to their injuries. While comparative negligence does not necessarily mean a claimant cannot seek legal restitution, it nonetheless can severely impact their overall damage award. A Montgomery County lawyer could explain how comparative negligence could impact their legal recovery during a free case consultation.
Discuss Accidents Involving Cell Phones with a Montgomery County Attorney
Despite texting while driving being illegal, accidents involving cell phones in Montgomery County occur far too often. These collisions can be devastating, often resulting in catastrophic injuries or even death. Due to the severe harm these can cause, the recoverable damages are often substantial. However, if a plaintiff is found to have been using their phone at the time of the accident, their damage award could be greatly reduced.
If you were hurt in a collision with a distracted driver, do not hesitate to seek legal counsel. Call our office today and schedule your complimentary case consultation.