Among the various forms of negligence that have been associated with car, truck, and motorcycle accidents in Pennsylvania, distracted driving has always hovered near the top. Over the last few decades, however, with cell phone use at an all-time high, distracted driving has become even more common.
If you have suffered an injury in an accident that was caused by a distracted driver on a road or highway in PA, then you may be entitled to compensation under Pennsylvania law. Here at the Law Office of Mark A. Smith in Pittsburgh, PA, we represent the injured in a range of lawsuits, including those that involve distracted driving claims. Contact us for more information.
In Pennsylvania, and other jurisdictions, drivers must act so as to avoid exposing others on the road to an unreasonable risk of injury. Statistics (and common sense) clearly show that distracted driving poses a risk to others It’s worth noting that liability will only attach if you can show that others (in the same or similar circumstances) would have acted differently.
In some cases, however, the defendant may believe that their distraction was justified. The emergency doctrine gives defendants an opportunity to avoid liability for their negligence if they acted negligently in response to a sudden and unexpected emergency. For example, suppose that the defendant is driving on the highway with friends in their backseat. Suddenly, one of their friends begins to attack them, throwing punches while the defendant is driving. The defendant-driver reacts by shifting their weight and putting up their arm as a shield. This distraction results in an unfortunate collision. If you sued the driver for damages, the defendant-driver may have a strong defense on the basis of the circumstances. Given the facts, you might be prevented from recovering damages from the driver, but you might have a claim against the passenger who caused the distraction.
When attempting to prove that the defendant-driver did, in fact, act negligently and become distracted while driving in your Pennsylvania car accident case, you will have to introduce evidence that supports your claim. For example, if the defendant-driver was texting while driving, then your attorney will probably want to request phone records that show the call and text history of the defendant. Your attorney can then cross-check the time with the time of the accident and determine whether the defendant was texting while driving. Of course, another possibility is that the defendant simply admits their wrongdoing.
Regardless of whether your attorney can successfully prove that the defendant was negligent, or secure an admission of negligence, you will still have to prove that your damages are reasonable, given the circumstances surrounding the accident. Your attorney should work with you to identify and collect relevant evidence that supports your claim for damages (i.e., paystubs, medical bills, etc.).
If you have been injured in a motor vehicle accident caused by the negligence or wrongful misconduct of another, Pennsylvania law may give you a right of action for damages. Although the defendant’s fault in a car accident may, at first glance, seem quite obvious, there are a number of factors that can complicate litigation and make the prospect of recovery less likely. It is therefore invaluable to work with a Pittsburgh personal injury attorney who understands the landscape of such litigation and who knows how best to proceed in light of the defendant’s arguments.
Here at the Law Office of Mark A. Smith in Pittsburgh, PA, we have decades of experience representing the injured, and in a range of lawsuits, including car, truck, and motorcycle accident claims and those that involve a defendant-driver who was distracted at the time of the accident. Unlike many of our competitors, we are committed to the provision of comprehensive, personalized legal advocacy. We believe that by maintaining a collaborative, friendly, and transparent relationship with our clients, we are better able to navigate the litigation process and help them secure maximum compensation. Our unique approach has earned us many successes over the years, in the form of substantial verdicts and settlements for our clients.
Call or email to schedule a free and confidential consultation with an experienced personal injury attorney here at the Law Office of Mark A. Smith in Pittsburgh, Pennsylvania. We will thoroughly evaluate your case and work with you to take the necessary next steps for securing compensation.
Personalized service. Maximum results. The Law Office of Mark A. Smith looks forward to helping you obtain full compensation for your distracted driving accident injuries.