Keeping eyes on the road
The ping of a text message or the urge to change your playlist might seem harmless. But these split-second distractions can lead to devastating consequences—both on the road and in the courtroom. Distracted driving occurs when a driver takes their attention away from the road. Such include texting, following GPS maps, talking on the phone, eating, applying makeup, or adjusting the radio. Instagram is the number one social media app used while driving. These seemingly minor distractions can have devastating consequences, leading to severe injuries and even fatalities. As distracted driving continues to plague our highways, Pennsylvania courts are taking an increasingly stern stance. Understanding Pennsylvania’s distracted driving laws can help you navigate how you handle an accident involving a distracted driver incident.
Understanding Pennsylvania’s distracted driving laws
Gov. Josh Shapiro recently signed legislation prohibiting cell phones and other mobile devices while driving a vehicle. The Pennsylvania law, known as Paul Miller’s Law, specifically bans all drivers from using an Interactive Wireless Communication Device to send, read, or write text messages while their vehicle is in motion. This prohibition applies to emails, text messages, and instant messaging. Violations carry a $50 fine. When distracted driving results in an accident, the consequences extend beyond traffic tickets. These infractions can be pivotal in personal injury lawsuits.
The alarming statistics
According to the Pennsylvania Department of Transportation, in 2023, there were over 14,500 crashes attributed to distracted driving in the state, resulting in nearly 60 fatalities. Nationally, distracted driving accounts for approximately 9% of all fatal crashes annually, killing an estimated 3,500 people. The prevalence of smartphones and other in-car distractions underscores the need for strong laws and public awareness campaigns.
Distracted driving injury lawsuits
When drivers engage in distracted behavior, such as texting, eating, or adjusting a navigation device, they breach their duty of care to others on the road. In personal injury lawsuits, proving this breach can establish negligence, a critical element in winning compensation for injuries or damages. Pennsylvania operates under a modified comparative negligence rule. A plaintiff can recover damages as long as they are less than 51% at fault for the accident.
For instance, if a distracted driver rear-ends another vehicle because they were texting, evidence of that distraction—such as phone records or eyewitness accounts—can solidify their liability. Evidence of cell phone use, especially text messages or social media activity timestamps, often proves crucial in establishing negligence. Cell phone records have become standard discovery requests in personal injury cases involving suspected distracted driving. Similarly, if the plaintiff was partially distracted, their compensation might be reduced proportionately based on their share of the fault. This became evident in a 2023 Lehigh Valley case where a plaintiff’s award was reduced by 30%. They had failed to notice the distracted driver’s erratic behavior in time to take evasive action.
Notable cases and settlements in Pennsylvania
Several Pennsylvania cases highlight how distracted driving laws intersect with personal injury claims:
- Case of a Texting Driver in Philadelphia
In a Philadelphia case, a young woman suffered severe spinal injuries when a distracted driver ran a red light and struck her vehicle. Evidence from phone records revealed that the driver was texting moments before the crash. The victim’s legal team leveraged this evidence to secure a $2.5 million settlement to cover medical expenses, lost wages, and pain and suffering. - Fatal Distracted Driving Accident in Pittsburgh
A tragic accident in Pittsburgh involved a truck driver who was using a tablet while driving. The truck collided with a passenger vehicle, killing its driver. The victim’s family filed a wrongful death lawsuit, and the trucking company ultimately agreed to a $4.3 million settlement after investigators confirmed the driver’s distraction. - High School Student Injured in Erie County
In Erie County, a high school student was seriously injured in a T-bone collision caused by a distracted driver who was adjusting their GPS. The family sued the at-fault driver and recovered $1.2 million in damages, helping cover the student’s medical bills and future rehabilitation needs.
These cases demonstrate that distracted driving not only causes preventable tragedies but also leads to significant financial liabilities for those at fault.
Building a solid case for injuries
Victims of distracted driving accidents in Pennsylvania must gather substantial evidence to prove liability. This includes:
- Police Reports: Official documentation often notes whether distraction was a contributing factor.
- Phone Records: Subpoenaing phone records can confirm if the at-fault driver was texting or using their device.
- Witness Testimony: Eyewitness accounts can corroborate claims of distracted behavior.
- Surveillance Footage: Traffic or security cameras may capture the moments leading to the crash.
To strengthen their cases, personal injury attorneys in Pennsylvania now routinely employ accident reconstruction experts who can analyze phone records, vehicle telematics, and surveillance footage to prove distraction. This technological evidence and witness testimony create compelling narratives that often lead to favorable settlements before trial.
For victims of distracted driving accidents, Pennsylvania law provides a two-year statute of limitations to file personal injury claims. However, attorneys recommend initiating legal proceedings as soon as possible to preserve critical evidence, especially electronic data that might otherwise be lost.
An experienced personal injury attorney can help victims build a compelling case by utilizing Pennsylvania’s distracted driving law to demonstrate negligence and maximize compensation.
Preventing distracted driving
Pennsylvania drivers should take proactive measures to minimize distractions and reduce the risk of accidents. Turn off notifications, set your navigation before driving, and resist multitasking. Use apps that limit or prevent cell phone distractions. Parents should educate teens about the dangers of distracted driving, as young drivers are statistically more likely to engage in this behavior.
The true cost of looking away
Pennsylvania’s distracted driving law plays a vital role in curbing risky behaviors on the road while also serving as a foundation for personal injury lawsuits when accidents occur. With over 14,500 distracted driving crashes annually, the law acts as both a deterrent and a tool for victims seeking justice. Notable cases in Pennsylvania involving texting and wrongful death settlements underscore the severe consequences of distracted driving. By staying focused and informed, drivers can help prevent accidents and ensure safer roads for everyone.
Ultimately, understanding Pennsylvania’s distracted driving laws is critical for compliance and protecting your rights if you’re involved in an accident caused by a distracted driver. The legal system and expert personal injury lawyers like Amil Minora remain committed to holding distracted drivers accountable for their actions and compensating victims for their losses.