Distracted driving kills and injures thousands of Americans every year. According to the National Highway Traffic Safety Administration (NHTSA), in 2018, distracted driving caused 2,841 fatalities and an estimated 400,000 injuries. Distractions are any activity that takes a driver’s attention from the road, such as:
- Eating and drinking
- Adjusting the radio
- Talking to passengers
- Fiddling with the vehicle’s controls or navigation system
- Talking on the phone
- Texting
Texting is a particularly dangerous activity while behind the wheel. Looking at your phone for only five seconds while driving 55 miles per hour is the same as driving across a football field blind folded. Texting and driving is against the law in Pennsylvania, but the state does not outlaw hand-held phone calls.
As many as 95 percent of all car accidents are because of driver error. If you were hurt in an accident because another driver was not paying attention, you may be entitled to compensation.
A Philadelphia distracted driving accident lawyer may be able to help you hold the responsible driver accountable for their negligent or reckless actions. For more information about how an attorney can help with your case, contact Ben Crump Law, PLLC at (844) 730-0233.
What You Can Recover
A Philadelphia distracted driving accident lawyer may be able to help you recover compensation for:
- Medical bills. You may be able to seek awards for the costs of any medical treatment needed because of your accident. This may include emergency department visits, hospital stays, surgeries, physical therapy, medications, and more.
- Lost wages. If your injuries caused you to miss work, you may seek compensation for loss of income. If you are unable to work in the same capacity as before your accident, you may be entitled to future lost wages or permanent disability payments.
- Property damage. You may be compensated for damages to your vehicle, as well as any objects or other property harmed during your accident.
- Pain and suffering. You may be able to sue for awards for physical suffering and mental anguish, including stress, anxiety, loss of enjoyment of life, scarring, or disfigurement.
- Wrongful death. If your loved one passed away in a distracted driving accident, you may be able to seek awards on their behalf. You may also seek compensation for your pain and suffering, loss of companionship, or loss of financial support.
Even if your accident was partly your fault, you still may be able to seek compensation in a distracted driving lawsuit. As long as your amount of responsibility comes in under the fault threshold set by the state (51 percent), you may seek compensation. Any settlement you receive will be reduced by your amount of responsibility. For example, if you are awarded $10,000 but are found to be 20 percent at fault, you would receive $8,000.
Pennsylvania Insurance Laws
Pennsylvania is one of only twelve states with no-fault insurance laws. In no-fault states, drivers are required by law to file claims with their own insurance companies after an accident, regardless of who was at fault.
According to the Pennsylvania Insurance Department, in order to legally drive, all motorists must carry coverage for:
- Medical benefits. Drivers must have a minimum of $5,000 to pay for their medical bills, or the bills of another individual covered by the policy, regardless of who was at fault for the accident.
- Bodily injury liability. This coverage pays for the medical bills and rehabilitation of anyone you injure with your vehicle. Drivers must have $1,500 in coverage for the injury of one person, and $30,000 for the injuries of two or more people.
- Property damage liability. This coverage pays for property damages if you are in an accident and it is your fault. Driver’s must carry a minimum of $5,000.
Pennsylvania is a “choice” no-fault state, meaning drivers can select a no-fault insurance policy, or a traditional tort liability policy. Limited tort, or no-fault policies, have cheaper premiums, but you may not be able to recover certain damages, like those for pain and suffering. There are exceptions. According to Pennsylvania Title 75, you may sue without restrictions if:
- The other driver was under the influence of drugs or alcohol
- The other driver is operating a vehicle registered in another state
- The other driver acted intentionally to injury themselves or another driver
- The other driver has not maintained financial responsibility (insurance) for their vehicle
With full-tort coverage, you have the unrestricted right to bring suit against the other party. A Philadelphia distracted driving lawyer with Ben Crump Law, PLLC can help you determine liability for your accident and ensure you are pursuing all of the damages you may be owed. Call today for a free consultation.
For a free legal consultation with a distracted driving accidents lawyer serving Philadelphia, call (844) 730-0233
What to Do After an Accident
Pennsylvania law requires all accidents involving injury, death, or a fully disabled vehicle be reported immediately. If law enforcement did not make a report at the scene of the crash, you must report accidents within five days.
If you were not treated for injuries at the time of the crash, you should double check yourself for injuries at home. If you believe you are hurt, see a doctor as soon as possible.
If you suffered an injury, your vehicle was damaged, or you lost a loved one, you may want to speak with an attorney to learn more about your options. If you believe you may want to take legal action, the statute of limitations allows two years to recover awards for personal injury, property damage, or wrongful death. If the statute of limitations expired, you may not be able to pursue your case in court.
Philadelphia Distracted Driving Accident Lawyer Near Me (844) 730-0233
Ben Crump Law, PLLC Is Here to Take on Your Case
At Ben Crump Law, PLLC, we believe in giving a voice to the voiceless. If someone else’s reckless or negligent driving caused your injuries, a Philadelphia distracted driving accident lawyer may be able to help you seek justice.
We help clients across the nation with car accident lawsuits and we may be able to help you, too. To learn more, contact Ben Crump Law, PLLC at (844) 730-0233 for a risk-free consultation.
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