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I was stopped at a traffic light when I was rear-ended by a driver who was texting on his phone. My car was pushed into the intersection and was t-boned by another car. I have a couple of broken ribs and neck injuries. I have full tort. Can I sue the driver who was texting?



Yes.  In Pennsylvania, it is illegal for a driver to text while driving.  Injured victims of car accidents have the right to sue the negligent driver, and in your case, the driver who was texting while driving.

In a situation like this, when a distracted driver causes a rear-end accident, liability is not likely to be at issue. Therefore, you may be entitled to file a lawsuit against the negligent driver and recover the following types of damages:

  • pain and suffering,
  • past and future medical expenses, and/or
  • past and future wage loss.

It is important to note however, that your medical expenses should be paid by your car insurance policy because Pennsylvania is a no-fault state.  That means, regardless of who caused the car accident, injured car accident victims must make a first party benefit claim or PIP claim under their own car insurance.  See Common Questions Injured Victims Often Have After A Car Accident In Pennsylvania

In car accident cases which result in broken ribs and neck injuries, the $5,000 minimum PIP limit can be exhausted quickly.  In that case, you would use your health insurance policy to pay for the medical expenses after your PIP benefits are exhausted.  Any medical expenses you incur after your PIP benefits are exhausted may be recovered in the lawsuit against the negligent driver.

If the facts and evidence of your car accident show that the driver at fault acted in such a way that he showed a patent disregard for the health and safety of others on the roadway, you may also make a punitive damages claim.  For more info, see Cell Phone Use and Car Accidents in Pennsylvania-What is the Law?

It is important to talk to an experienced PA car accident lawyer to help you recover the compensation you are entitled to.  Feel free to contact me @ 877.944.8396 for a FREE initial consultation.

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