You may be found liable. In a recent court case in Lawrence County, a Common Pleas Judge allowed a negligence and wrongful death claim to proceed against two men who were texting a female driver who was involved in a fatal accident. In the case of Gallatin vs. Gargiulo, if an individual knows or has reason to know at the time of an accident that the person they are texting is driving and will view the text, they may be liable.
Although establishing such liability will be a high standard and will be difficult for attorneys to prove, this recent decision shows that the Courts are serious in attempting to establish liability resulting from injuries and deaths caused by distracted driving.
Currently, texting on a cell phone is a violation of the Pennsylvania Motor Vehicle Code Section 3316.
–Bruce S. Zero, Esquire