TEXTING A DRIVER IN PENNSYLVANIA? LOOK OUT! ...YOU COULD BE FOUND LIABLE.
Texting A Driver Who Gets In An Accident Could Now Make You Liable.
In a recent article from Ben Seal at The Legal Intelligencer, he writes that, as drivers encounter an increasing number of distractions behind the wheel, Pennsylvania law is adjusting to consider how civil damages should be doled out in motor vehicle accidents. Anyone sending a text message might now be found liable for accidents on Pennsylvania roads if they knowingly distract a driver.
Ben Seal points to Gallatin v. Garguilo where Lawrence County Court of Common Please Judge John W. Hodge allowed negligence and wrongful-death claims to proceed against two men who were texting a female driver who was involved in a fatal accident. The opinion follows a 2013 ruling from a New Jersey appeals court that established for the first time in the country a cause of action against those who knowingly distract drivers by sending a text message. The court in Gallatinspecifically noted that an individual must know or have reason to know at the time of the accident that the person they are texting is driving and will view the text.
If you have a client who is involved in a car accident and texting or distracted driving is a concern, Cornerstone Discovery can help. Our Certified Digital Forensics Experts can analyze mobile phones and cloud back-up to determine an individual’s activity and locations leading up to and at the time of the accident. Contact Cornerstone Discovery today.