Distracted driving has reached epidemic proportions in Pennsylvania and nationwide. Despite laws prohibiting texting while driving, distraction-related crashes continue to injure and kill thousands of people every year. If you were hit by a distracted driver, understanding Pennsylvania’s laws and the evidence needed to prove your case is essential to securing fair compensation.
Pennsylvania Distracted Driving Laws
Pennsylvania law explicitly prohibits texting while driving under 75 Pa.C.S. 3316. The statute makes it illegal to use an interactive wireless communications device to send, read, or write a text-based communication while the vehicle is in motion. Violations carry a fifty-dollar fine. However, Pennsylvania’s distracted driving law is narrower than many states because it only addresses text-based communications. Unlike many states, Pennsylvania does not broadly prohibit handheld phone use while driving. This limited law means that drivers can legally hold a phone to their ear while driving — but that does not mean doing so is safe, or that a driver who causes an accident while on a phone call is not negligent.
The Scope of the Problem
The National Highway Traffic Safety Administration reports that distracted driving kills over 3,000 people nationally each year. Pennsylvania consistently ranks among the states with the most distraction-related crashes. PennDOT data shows that distracted driving is a contributing factor in thousands of Pennsylvania crashes annually, and these numbers almost certainly undercount the problem because many drivers will not admit to being distracted.
Types of Distraction
While phone use gets the most attention, distraction takes many forms. Visual distractions include looking at a phone, adjusting GPS, or turning to talk to passengers. Manual distractions include eating, drinking, reaching for objects, or adjusting vehicle controls. Cognitive distractions include daydreaming, engaging in emotional conversations, or being absorbed in thought. Texting while driving is considered the most dangerous distraction because it combines all three types simultaneously.
Proving Distracted Driving in a Lawsuit
The challenge in distracted driving cases is proof. The at-fault driver will almost never admit they were on their phone. Our attorneys prove distraction through cell phone records obtained via subpoena showing call and text activity at the time of the crash, social media timestamps showing posts or messages sent around the time of impact, vehicle infotainment system data, witness testimony about the driver’s behavior before the crash, the absence of braking or evasive action indicating the driver was not watching the road, and accident reconstruction analysis consistent with an inattentive driver.
Your Rights After a Distracted Driving Accident
If you were injured by a distracted driver in Pennsylvania, you have the right to pursue full compensation for your injuries. Proving distraction can also support claims for punitive damages in egregious cases. Contact Siddons Law Firm at (215) 513-2121 for a free consultation. Time is critical for preserving digital evidence.