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- About Us
- Areas We Serve
- Practice Areas
- Resources
- Contact Us
A driver who looks at a text instead of the road may miss a stopped vehicle, or it may cause the driver to leave the lane or react too late to changing traffic. Texting while driving car accidents in Erie can result in serious injuries and impair your ability to work while medical expenses continue to grow. If you suffered an injury in such a collision, you may also have questions about what the driver was doing before the crash.
At Berger and Green, our respected auto collision attorneys investigate whether phone use contributed to the collision and explain your options for seeking compensation. We handle the legal process while keeping you informed.
A crash injury claim generally requires evidence showing that another driver acted negligently and caused your injuries. Under 75 Pennsylvania Consolidated Statutes § 3316, a driver must not use an interactive mobile device to send, read, or write a text-based communication while the vehicle is moving.
Evidence that a driver was using a phone may help show a failure to use reasonable care. If you sustained an injury in a car wreck in Erie because another motorist was texting while driving, that conduct may become an important part of establishing fault. The claim still depends on proving that the driver’s actions caused the collision and your resulting losses.
Proving that distracted driving caused your injuries in a motor vehicle crash in Erie may require more than your recollection that the other driver appeared to be texting on a phone. If it exists, our lawyers may gather:
We compare this evidence with the timing and mechanics of the crash. Medical records are also crucial because they connect the collision to your injuries and treatment, and documentation of lost income may help you show the financial effect of the accident. When texting while driving is suspected in car accidents, the evidence we gather may help establish what the driver was doing in the moments before impact.
The compensation available depends on the facts of the collision and the applicable insurance coverage. It may include:
The state applies modified comparative negligence in personal injury claims. Under 42 Pa. Cons. Stat. § 7102, your percentage of fault may reduce your compensation, and recovery is generally barred when your negligence is greater than the negligence of the defendant or defendants. Shared fault may affect compensation where texting while driving contributed to a car collision in Erie.
42 Pa. Cons. Stat. § 5524 generally gives you two years to bring an action for personal injury caused by another person’s wrongful act or negligence. Specific circumstances can affect a deadline, so an early review from our legal team may help preserve evidence and your ability to pursue a claim.
After a serious crash, managing the claims process may feel difficult. You may not know whether the other driver’s phone use caused the collision or what compensation you could pursue. Texting while driving car accidents in Erie often require a careful review of the evidence before finding answers to these questions.
At Berger and Green, we have helped personal injury clients through stressful legal situations for more than 40 years. Our lawyers handle the insurance process while keeping you informed, so contact us for a free case evaluation to learn how we can fight for the compensation you may be entitled to.