(300+)Distracted driving is one of the biggest safety risks on our roadways. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is a factor in approximately ten percent of fatal motor vehicle crashes in the United States. Further, the true figure is likely even higher than that, as distracted driving is widely believed to be systemically underreported. At Gibbons Legal, Personal Injury & Accident Lawyers, we are committed to fighting for justice for victims and families. Here, our Philadelphia car accident lawyer provides a guide to distracted driving crashes in Pennsylvania.
The Serious Consequences of Distracted Driving
Unfortunately, distracted driving is a very serious problem on our roads. Distracted driving frequently produces high-impact collisions. A driver who fails to brake or swerve transfers full crash force into the other vehicle. Victims often suffer traumatic brain injuries (TBIs), spinal cord damage, multiple fractures, and internal organ trauma. These injuries generate extensive medical bills and prolonged rehabilitation. Distracted driving accident victims need immediate medical attention and the proper ongoing care. Distracted drivers can and should be held accountable.
Pennsylvania Law Prohibits Distracted Driving (Use of Handheld Devices)
Distracted driving is dangerous driving. It is also unlawful in Pennsylvania. Commonwealth law restricts distracted driving, particularly the use of handheld devices behind the wheel. Under 75 Pa.C.S. § 3316, a driver may not operate a motor vehicle while using an interactive wireless communication device to send, read, or write a text-based message. The statute targets texting and similar conduct. To be clear, even if certain conduct falls outside the texting statute, it may still constitute negligence under Pennsylvania tort law. Every driver owes a duty to operate a vehicle with reasonable care under the circumstances.
What to Know About Establishing Liability in a Distracted Driving Crash in Philadelphia
For the most part, Pennsylvania follows a fault-based system for motor vehicle collisions. An injured victim must prove duty, breach, causation, and damages. Distracted driving often satisfies the breach element. A driver who diverts attention from the roadway fails to exercise reasonable care. Evidence drives these claims. Police reports may document phone use or admissions at the scene. Subpoenaed cell phone records can establish texting or data usage at the time of impact. Surveillance footage, dash cameras, and eyewitness testimony often corroborate distraction. Every serious crash should be thoroughly investigated by an experienced Philadelphia car accident lawyer.
Note: Pennsylvania applies a modified comparative negligence rule under 42 Pa.C.S. § 7102. An injured victim may recover damages only if their percentage of fault does not exceed 50 percent. If a jury assigns 20 percent fault to the plaintiff, the award decreases by 20 percent. If the fault exceeds 50 percent, recovery is barred.
Unique Rules and Regulations for Car Accidents in Pennsylvania (Limited Tort vs. Full Tort)
Pennsylvania’s Motor Vehicle Financial Responsibility Law introduces an additional layer of complexity. Many drivers elect limited tort coverage to reduce insurance premiums. Limited tort restricts recovery for non-economic damages unless the injured victim proves a “serious injury.” Serious injury generally requires death, serious impairment of body function, or permanent serious disfigurement.
If a distracted driver causes a crash and the injured victim carries limited tort coverage, litigation may focus heavily on whether the injury meets the statutory threshold. Medical testimony becomes critical. Imaging studies, surgical records, and long-term treatment plans often determine eligibility for full compensation. However, drivers who selected full tort coverage retain the right to pursue pain and suffering damages without satisfying the serious injury threshold.
What is the Statute of Limitations for Distracted Driving Injury Claims in Pennsylvania?
In Pennsylvania, the statute of limitations for most personal injury claims, including distracted driving car accidents, is two years from the date of the injury. The deadline is set by 42 Pa.C.S. § 5524(2). If you fail to file a lawsuit within that two-year window, the court will generally dismiss your claim with prejudice. Do not miss your chance to get justice: Speak to a Philadelphia car accident lawyer as soon as possible after a distracted driving crash.
Be Prepared for Insurance Company Tactics in Distracted Driving Cases
The unfortunate reality is that insurance carriers rarely concede distracted driving without resistance. Indeed, insurance adjusters may argue that phone use occurred before or after the collision rather than at the moment of impact. They may challenge causation or downplay injuries. You must be represented by an experienced Philadelphia car accident lawyer. An attorney can help you fight for the maximum distracted driving crash settlement.
Recovering the Maximum Compensation for Distracted Driving in Philadelphia
Hurt in a distracted driving crash in Philadelphia or elsewhere in Southeastern Pennsylvania? You have the right to seek compensation for the full extent of your damages, including for non-economic losses. Insurers are not on your side. They fight hard to settle claims for less. Our Philadelphia, PA distracted driving accident lawyer can help you seek the maximum compensation, including for:
- Automobile repairs or replacement;
- Emergency medical treatment;
- Hospital bills and other health care costs;
- Physical therapy and rehabilitative care;
- Loss of wages and diminished earnings;
- Pain and suffering;
- Long-term disability; and
- Wrongful death of a family member.
How Our Philadelphia Distracted Driving Accident Attorney Can Help
Distracted driving accident claims can be complicated. At Gibbons Legal, Personal Injury & Accident Lawyers, we have the legal experience to help victims and families get justice and the maximum available compensation. Our case results and our client testimonials show what we can do for injured victims. Your initial consultation with a Philadelphia distracted driving accident attorney is free and confidential.
Contact Our Philadelphia Distracted Driving Accident Lawyer Today
At Gibbons Legal, Personal Injury & Accident Lawyers, our Philadelphia car accident attorney is a strong, experienced, and results-driven advocate for injured victims. If you or your loved one was hurt in a crash with a distracted driver, we are here as a legal resource. Call us now or contact us online for a free, no-obligation case review. We represent distracted driving accident victims in Philadelphia and throughout the region, including in the zip codes of 19103, 19104, 19106, 19123, and 19147.
