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Texting Someone Who is Driving? You May Be Liable

Texting a Driver? You May Be LiableJuly 12, 2016 - HKQ Law - We all know that texting while driving is dangerous, and it is against the law in Pennsylvania. A 4-6 second text while driving at 55mph is like driving a football field blind. Yet, incidences of distracted driving continue to increase. According to the Administrative Office of Pennsylvania Courts, citations for distracted driving increased 43 percent statewide between 2014 and 2015. As cited in a recent Times-Tribune article, PennDOT reported more than 14,800 crashes statewide involved a distracted driver in 2015 with 66 deaths resulting from those crashes.

In recent years, Pennsylvania courts have considered the issue of whether or not punitive damages should be allowed in cases where a motor vehicle crash may have been caused by a distracted driver using a cell phone. Punitive damages are intended to punish the wrongdoer and deter others from engaging in similar misconduct. Some jurisdictions, including Luzerne county, have allowed punitive damages to proceed against the distracted driver for cell phone use in a motor vehicle crash.
HKQ Law Personal Injury Lawyer Brian McDonnell - Wilkes Barre & Scranton Law Firm

A trial court in Lawrence County, in the western part of the Pennsylvania, recently permitted negligence claims seeking compensatory and punitive damages against defendants who were not present in the motor vehicle crash, but were allegedly sending text messages to a driver who was allegedly reading and responding to the text messages at the time of the fatal crash with a motorcyclist.

In Gallatin v. Gargiulo, the Honorable John W. Hodge overruled preliminary objections and allowed the negligence claims to go forward based in part upon a 2013 case from the Superior Court of New Jersey, Kubert v. Best, that held that the sender of a text message can potentially be liable if a crash is caused by texting, but only if the sender of the text knew or had special reason to know that the recipient would view the text while driving and be distracted by it. The Complaint in Gallatin alleged that the Defendants knew or should have known that the recipient of the texts was operating a vehicle at the time. While recognizing that it was not yet proven that either defendant knew that the recipient of the texts was driving, Judge Hodge ruled that the facts as alleged asserted a sufficient cause of action for the case to go forward with discovery.

Distracted driving contributes to serious and sometimes fatal crashes on roadways throughout Pennsylvania and the U.S. If you are aware that someone is driving, please, do not call or text them. And, if you are driving, please do not text and drive. Always stay aware and safe. A few seconds of texting can change lives forever.

For additional information, contact:

Attorney Brian McDonnell

Hourigan, Kluger, & Quinn, P.C.

600 Third Avenue Kingston, PA 18704

(570) 287-3000

About HKQ Law

Hourigan, Kluger & Quinn is considered one of the top civil litigation and commercial law firms that has had the privilege of representing more families in the courtroom than any other NEPA firm. The attorneys at HKQ Law have been honored as Super Lawyers, Best Lawyers, Best Law Firms by US News and World Report, and have received the AV Preeminent Rating by Martindale-Hubbel. HKQ Law was recently recognized for one of the top 20 Verdicts in Pennsylvania.

The firm’s Personal Injury Team, led by Attorney Joe Quinn, Jr., has won some of the largest verdicts and settlements in the region's history. The Personal Injury Team focuses on a wide array of personal injury claims and civil litigation, including medical malpractice, auto and truck accidents, aviation accidents, unsafe vehicles, dangerous or defective products, workplace injuries (worker's compensation), construction site accidents, claim denials by insurance companies, dangerous drugs, defective children's products, nursing home abuse and neglect, and falls due to unsafe conditions (slip and fall).

Attorney Joseph A Quinn, Jr. is one of only 100 attorneys in the United States (and one of only three in Pennsylvania) honored with membership in the Inner Circle of Trial Advocates, and one of only 500 attorneys worldwide chosen to be a Fellow of the International Academy of Trial Lawyers. He has been a Pennsylvania Super Lawyer every year since the program began and has been listed in The Best Lawyers in America every year since the publication was established in 1987. Best Lawyers also named him top personal injury attorney for Northeastern Pennsylvania and the Lehigh Valley. In addition, Best Lawyers, in conjunction with U.S. News & World Report, has designated HKQ a Tier 1 Best Law Firm across multiple categories in Northeastern Pennsylvania and the Lehigh Valley.

Since the inception of the firm, the Commercial / Corporate Team led by Attorney Allan Kluger has provided comprehensive, integrated legal services to many of Northeastern and Eastern Pennsylvania's largest corporations, businesses, banks, non-profits and institutions, handling matters involving labor and employment, wills, trusts and estate planning, estate administration, elder law, commercial transactions, residential and commercial real estate, zoning, land use and development, telecommunications, mediations and arbitrations, commercial litigation, title insurance, business planning and business succession, corporate/business structuring, employment discrimination law for employers, banking, creditor’s rights, finance, lender liability defense, covenants not to compete, construction law, mergers and acquisitions and other business matters.

Additional information can be found at or by calling (800) 760-1529.



As Hourigan, Kluger and Quinn addresses the concerns raised by COVID-19, the health and safety of our clients, employees and friends of the firm remain our top priority.

These are very difficult and scary times and we hope that you and your loved ones are safe and symptom free. We recognize that so many of you are understandably anxious about your health, the economic impact of this pandemic and all of the consequences of social isolation.

We also recognize that many of you are anxious about how the coronavirus is impacting the Court systems, our firm and your cases. Although all of our offices are closed, our firm has remained fully operational and we have initiated procedures that allow all of our attorneys and staff to work remotely from their homes. Each of us and our staff will respond to any emails and calls about your cases as quickly as possible.

Our Federal and State Courts have instituted significant changes in their calendars as a result of the coronavirus. Although most courthouses are closed to the public, and Hearings and Trials will be delayed for some time, there are matters that can proceed telephonically and by video. Despite these changes in the Court calendars, we are working diligently on your cases and are determined to do whatever we possibly can to assure an early and just recovery for you and your loved ones. Even under these difficult circumstances, we believe that "Nobody will work harder for you than we will."

With regard to new potential clients, we are not in a position to have an in-person new client meeting, but we will be conducting these initial meetings via phone. New potential clients should call us for a free telephone consultation at (570) 287-3000.


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