Injured in a crash caused by someone texting and driving in Philadelphia, PA? Our experienced texting and driving accident lawyers in Philadelphia can help you get compensated for your injuries.
When a driver chooses to text behind the wheel in Philadelphia, they make a decision that can change lives in seconds.
Proving that a driver was texting at the time of your crash presents unique challenges. Texting and driving cases require swift action to preserve phone records, obtain surveillance footage, and document digital evidence before it disappears.
Insurance companies know these cases can be difficult to prove, and they count on victims not having the resources or knowledge to build a strong claim.
Our skilled Philadelphia texting and driving accident attorneys know exactly how to investigate distracted driver crashes and secure the evidence needed to hold distracted drivers accountable.
At Wilk Law Personal Injury & Car Accident Lawyers, we move quickly to subpoena phone records, preserve vehicle data, and build compelling cases that demonstrate exactly what happened in the moments before your crash.
Our award-winning Philadelphia texting and driving accident lawyers handle these complex cases on a contingency fee basis, meaning you pay nothing unless we win your case. Contact us now for a free case evaluation.
Why Hire Wilk Law For Your Texting and Driving Accident Claim?
Led by attorney Tyler Wilk, our team provides the kind of direct, personalized attention that larger firms simply cannot offer. You will work with your attorney from the first phone call to the final resolution of your case.
- Exclusive Personal Injury Focus: We do not divide our attention across unrelated practice areas. Every resource we have is dedicated to injury victims like you.
- Direct Attorney Access: You will never be passed off to a paralegal or call center. Your attorney is accessible and responsive throughout your entire claim.
- Contingency Fee Basis: You pay nothing upfront and nothing at all unless we recover compensation for you.
- Proven Track Record: We represent injured clients in Philadelphia, Pennsylvania, advocating for the compensation they deserve.
Is Texting While Driving Illegal in Pennsylvania?
Yes, and that matters directly to your case. Under 75 Pa.C.S. § 3316, Pennsylvania law prohibits any driver from using an interactive mobile device to send, read, or write a text-based communication while the vehicle is in motion. This includes texts, emails, and instant messages.
A violation of this law is not just a traffic offense—it is evidence of negligence. When a driver breaks this law and injures you, they have breached their legal duty of care to everyone else on the road. That breach is the foundation of your personal injury claim.
How We Prove the Other Driver Was Texting
Proving a driver was on their phone at the time of a crash is one of the most challenging parts of these cases. Drivers rarely admit to texting, and digital evidence can disappear fast. We act immediately to lock down the proof needed to hold the at-fault driver accountable.
Cell Phone and Carrier Records
We issue a legal subpoena to the driver’s wireless carrier to obtain call logs, text timestamps, and data usage records. We then match that activity to the exact time of your crash to show the driver was actively using their phone when the collision occurred.
Vehicle Data and Infotainment Systems
Modern vehicles store data in an Event Data Recorder (EDR)—essentially the car’s black box. We pull this data, along with infotainment system logs, to show phone interactions, vehicle speed, and whether the driver applied the brakes before impact. The absence of braking is often a powerful indicator of distraction.
Witness Statements and Surveillance Footage
Eyewitnesses at the scene may have seen the driver looking down at their phone before the crash. We locate and interview witnesses quickly, before memories fade. We also identify and secure footage from nearby traffic cameras, business security systems, and dashcams.
Spoliation Letters Sent Immediately
Within days of being retained, we send legal preservation notices—called spoliation letters—to the at-fault driver, their carrier, and their employer if they were working at the time.
These letters create a legal obligation to preserve all relevant evidence. If a party destroys evidence after receiving one, courts can draw negative inferences against them.
What Compensation Can You Recover?
Pennsylvania law allows you to pursue compensation for every loss connected to your accident. The total value of your claim depends on the severity of your injuries, their impact on your daily life, and the strength of the evidence against the at-fault driver.
Compensation in a texting and driving accident case typically includes:
- Medical Expenses: Emergency treatment, hospital stays, surgeries, physical therapy, prescription medications, and all future care related to your injuries
- Lost Wages: Income you missed while recovering, including future earning capacity if your injuries affect your ability to work long-term
- Pain and Suffering: Physical pain, emotional trauma, anxiety, PTSD, and loss of enjoyment of life
- Property Damage: Repair or replacement of your vehicle and reimbursement for out-of-pocket costs like rental transportation
No two cases are identical. Our Philadelphia texting and driving accident lawyers evaluate every category of loss to make sure nothing is left on the table.
Limited Tort vs. Full Tort in Pennsylvania
Your insurance policy includes a tort election—a choice between Limited Tort and Full Tort coverage—that directly affects what you can recover. Many people do not realize the impact of this choice until after an accident.
| Coverage Type | Pain and Suffering | Premium Cost |
| Limited Tort | Restricted unless injury is “serious” | Lower |
| Full Tort | Unrestricted right to sue | Higher |
If you selected Limited Tort, you may still be able to recover pain and suffering damages if an exception applies. Common exceptions include cases where the at-fault driver was under the influence of alcohol or drugs, was uninsured, or was driving a vehicle registered out of state. We review your policy and the facts of your accident to determine exactly what you can pursue.
What if You Were Partly at Fault?
Insurance companies routinely try to shift blame onto the victim to reduce what they owe. Pennsylvania’s modified comparative negligence rule governs how fault affects your recovery.
Under this rule, you can still recover compensation as long as you are found to be less than 51% responsible for the accident. However, your total award will be reduced by your percentage of fault. For example, if you are found partly at fault, your total award will be reduced in proportion to your percentage of responsibility.
If the at-fault driver’s insurer tries to blame you, our Philadelphia distracted driver accident attorneys push back aggressively with the evidence we have gathered to protect your full recovery.
What to Do After a Texting and Driving Crash in Philadelphia
The actions you take in the hours and days after your accident can significantly affect the strength of your claim. Follow these steps to protect yourself.
Step 1: Call 911 and Seek Medical Attention
Call 911 immediately, even if your injuries seem minor. A police report creates an official record of the crash, and a medical evaluation documents your injuries from the start. Some serious injuries—including concussions and internal trauma—do not produce immediate symptoms.
Step 2: Document the Scene
If you are physically able, photograph the vehicles, road conditions, debris, and any visible evidence of distraction. If you can see a phone in the other driver’s hand or on their seat, photograph it.
Step 3: Collect Witness Information
Ask anyone who saw the crash for their name and phone number. Eyewitness testimony about a driver looking down at their phone before impact can be decisive in proving your case.
Step 4: Do Not Give a Recorded Statement
Do not speak to the at-fault driver’s insurance company before consulting with an attorney. Adjusters are trained to ask questions designed to minimize your claim. Anything you say can be used to reduce or deny your compensation.
Step 5: Contact Wilk Law
Call us as soon as possible. The sooner we get involved, the faster we can send preservation letters, secure surveillance footage, and begin building your case before critical evidence is lost.
How Long Do You Have to File a Claim in Pennsylvania?
Pennsylvania’s statute of limitations gives most injury victims two years from the date of the accident to file a lawsuit. Missing this deadline means permanently losing your right to pursue compensation, regardless of how strong your case may be.
More importantly, digital evidence like text metadata and surveillance footage can be deleted long before that two-year window closes. Contacting an attorney immediately after your accident is the single most effective way to protect your claim.
Frequently Asked Questions
Can a Texting Driver’s Employer Be Held Liable for Your Injuries?
If the driver was performing work-related duties or using their phone for work purposes at the time of the crash, their employer may also be liable under the legal doctrine called respondeat superior. This can open up additional insurance coverage, which matters significantly when your damages are substantial.
Can You Still Recover Compensation if the Driver Deleted Their Texts?
Yes. Deleting texts from a phone does not erase the carrier’s records of when messages were sent and received. We subpoena those records directly from the carrier. If a driver destroys evidence after we send a preservation letter, a court can instruct the jury to assume that evidence was unfavorable to the driver.
Is It Possible to Recover Punitive Damages in a Texting and Driving Case?
Pennsylvania courts may award punitive damages when a driver’s conduct was so reckless that it showed a conscious disregard for the safety of others. Texting while driving can meet that standard in certain cases, particularly when the driver had prior violations or was traveling at high speed.
How Long Does a Texting and Driving Accident Claim Take to Resolve?
Every case is different. Claims involving clear liability and documented injuries can sometimes settle within months. Cases with disputed fault, severe injuries, or uncooperative insurers may take longer. We keep you informed at every stage and never recommend a settlement that does not fully account for your losses.
Contact a Philadelphia Texting and Driving Accident Lawyer Today
If a distracted driver injured you or someone you love, you deserve a Philadelphia texting and driving accident attorney who will fight to hold them fully accountable. At Wilk Law, we combine compassionate support with aggressive advocacy to pursue the maximum compensation available for your injuries.
Your initial consultation is completely free, and you will not pay a dime unless we win. Contact Wilk Law Personal Injury & Car Accident Lawyers today to discuss your case and take your first step toward justice.