Distracted driving is one of the leading causes of car accidents.  Despite efforts to raise awareness about the dangers of distracted driving, it remains a common problem, leaving victims with severe injuries, emotional trauma, and financial burdens. If you've been injured in an accident caused by a distracted driver, understanding your rights and options is critical.

What Is Distracted Driving?

Distracted driving occurs when a driver's attention is diverted from the road due to activities like texting, eating, or using in-car technology. These distractions significantly increase the likelihood of auto accidents, putting everyone on the road at risk.

Types of Distractions:

• Visual Distractions: Taking your eyes off the road (e.g., reading a text, looking at a GPS).
• Manual Distractions: Removing your hands from the wheel (e.g., eating, adjusting the radio).
• Cognitive Distractions: Taking your mind off driving (e.g., daydreaming, talking to passengers).

Common Consequences of Distracted Driving:

• Rear-End Collisions: A driver fails to notice slowing traffic and crashes into the vehicle ahead.
• Pedestrian Accidents: Distracted drivers often miss crosswalks or jaywalking pedestrians.
• Intersection Crashes: A distracted driver ignores stop signs or traffic signals, leading to T-bone or head-on collisions.

Pennsylvania Laws on Distracted Driving

Pennsylvania has enacted laws to combat distracted driving.  Despite these laws, violations remain common in Pennsylvania. Understanding these laws is important if you're involved in a personal injury claim stemming from a distracted driving accident.

Key Pennsylvania Distracted Driving Laws:

• Texting Ban: Texting while driving is prohibited in Pennsylvania. Violators face fines and penalties.
• Handheld Device Restrictions: As of June 5, 2024, Pennsylvania's "Paul Miller's Law" prohibits all drivers from using hand-held devices while operating a vehicle. This law allows drivers to use phones for calls, GPS, and music only if hands-free technology is employed.
• Careless/Reckless Driving Charges: Distracted driving that leads to an accident may result in a charge of careless or reckless driving.

If you've been injured by a distracted driver, evidence of their violation, such as phone records or eyewitness testimony, can be crucial in establishing liability.

Filing a Personal Injury Claim After a Distracted Driving Accident

If you've been injured in an auto accident caused by a distracted driver in Luzerne County, you may be entitled to compensation through a personal injury claim. This claim can help cover your medical expenses, lost wages, and pain and suffering.

Steps to Take After a Distracted Driving Accident:

• Seek Medical Attention: Even if injuries seem minor, a medical evaluation ensures documentation for your claim.
• Gather Evidence: Collect photos of the scene, witness statements, and police reports to support your case.
• Document Distracted Driving Behavior: Evidence of phone use, food containers, or other distractions in the at-fault driver's vehicle can bolster your claim.
• Contact a Distracted Driving Accident Lawyer: Navigating insurance claims and legal processes is complex; a lawyer can handle these challenges while you focus on recovery.

How a Skilled Distracted Driving Accident Lawyer Can Help

Hiring an experienced distracted driving accident lawyer is essential for navigating the complexities of a personal injury claim. These cases often require extensive investigation and negotiation to ensure victims receive fair compensation.

Key Ways a Lawyer Can Assist:

• Gathering Evidence: Obtaining phone records, traffic camera footage, and witness statements to prove the driver's negligence.
• Calculating Damages: Accurately assessing the financial and non-economic impact of the accident, including future medical costs and emotional suffering.
• Dealing with Insurance Companies: Negotiating with insurers who often attempt to minimize payouts.
• Filing a Lawsuit: If a fair settlement cannot be reached, your lawyer can take the case to court.

A knowledgeable lawyer understands Pennsylvania laws and knows how to build a strong case to hold distracted drivers accountable.

Preventing Distracted Driving Accidents

While it's impossible to eliminate all risks, understanding and promoting safe driving habits can help reduce the number of auto accidents caused by distractions.

Tips for Preventing Distracted Driving:

• Use Hands-Free Technology: Bluetooth devices allow drivers to keep their hands on the wheel.
• Plan Ahead: Set your GPS and playlist before starting your trip.
• Pull Over: If you need to take a call or respond to a message, find a safe spot to stop.
• Educate Young Drivers: Teach teens the dangers of distracted driving and lead by example.

Seeking Compensation for Distracted Driving Injuries

If you've been injured in a distracted driving accident, you have the right to seek compensation for your losses. Pennsylvania law allows victims to recover damages for:

• Medical Expenses: Includes hospital stays, surgeries, and rehabilitation.
• Lost Wages: Covers income lost during recovery and diminished earning capacity.
• Pain and Suffering: Compensates for physical pain and emotional trauma caused by the accident.

Working with an experienced distracted driving accident lawyer ensures you receive the maximum compensation for your injuries.

CONTACT US TODAY

If you or a loved one have been injured as the result of a car accident, call Sklarosky Law today at (570) 283-1200 or use our online contact form and tell us about your potential case.  As explained above, these claims can be complex and challenging.  Do not wait, call us today so that we can help you obtain the financial compensation you may be entitled to.