(275+)Distracted driving is dangerous driving. There is perhaps no form of distracted driving that is more hazardous than being on your cell phone. Your phone should not be in your hands while you are behind the wheel. This raises an important question: Is PA a hands-free state? The short answer is “yes.” The Commonwealth officially joined more than two dozen other states last year. The hands-free law took effect in June of 2025. Here, our Philadelphia car accident attorney provides an overview of the Pennsylvania hands-free law.
An Overview of the PA Cell Phone Law
In 2024, Pennsylvania lawmakers passed legislation to make the Commonwealth the nation’s 27th state with a hands-free law on the books. That law officially took effect earlier this year (June 2025).
The Hands-Free Driving Act (codified at 75 Pa. C.S. § 3316.1) is a law that is designed to reduce distracted driving and align with national safety standards. The statute strictly prohibits handheld mobile device use while operating a motor vehicle. Here are some key points for drivers to know:
- A Ban On Handheld Device Use: Drivers may not hold or physically support a cell phone, tablet, laptop, or any other electronic communication device while operating a vehicle on public roadways. The prohibition applies whether the driver is moving or temporarily stopped at a traffic signal or in traffic.
- The Definition of “Use” Under the Statute: The term “use” is defined broadly under § 3316.1(b) to include actions such as texting, dialing, scrolling, video calling, gaming, or viewing media. Even minimal manual interaction with a device may be a violation. Pennsylvania courts will interpret “use” strictly to discourage any form of distraction.
- Exceptions for Emergency and Exceptions for Law Enforcement: In Pennsylvania, certain limited exceptions exist. Drivers may use handheld devices to contact emergency services, report unsafe road conditions, or request assistance if no passenger is available to make the call. Beyond that, law enforcement officers, firefighters, and emergency vehicle operators are exempt when performing official duties.
- The Penalties for Violation: A first violation is classified as a summary offense, carrying a $50 base fine. However, court costs, surcharges, and administrative fees can significantly increase the total penalty. Beyond that, a conviction for violating the hands-free law is considered a primary offense. That means that law enforcement may stop a driver solely for this infraction.
- Other Non-Penal Consequences: Insurance and CDL Compliance: Notably, a conviction under § 3316.1 is reportable to the Pennsylvania Department of Transportation (PennDOT). Insurers may consider such violations as indicators of risky driving behavior, potentially leading to higher premiums. For commercial drivers, violations can affect compliance under 49 C.F.R. § 392.82. It could put a CDL at risk.
- Educational Grace Period and Enforcement Timeline: The law provided a one-year educational grace period after its effective date. During this time, officers issued written warnings instead of citations to promote public awareness. Full enforcement (including fines and reporting) officially began in June 2026. Still, it is important to emphasize that hands-on phone use is dangerous.
A Violation of the Pennsylvania Cell Phone Law Can Be Negligence
From a civil liability standpoint, violating the Pennsylvania hands-free law constitutes strong evidence of negligence. Under 75 Pa. C.S. § 3316.1(h), a violation is not automatically deemed negligence per se, but it remains a relevant factor in determining fault in personal injury or wrongful death cases. Courts may consider the violation as evidence that a driver breached their duty of care under Pennsylvania tort law. In practical terms, if a driver causes a collision while holding or using a phone, that conduct demonstrates a failure to operate the vehicle safely. Pennsylvania is a no-fault state. If you are hurt in an accident with a driver who had his or her hands on a cell phone or other electronic device, a Philadelphia attorney can help you take action to get justice and the maximum financial compensation.
Recovering the Maximum Compensation for Injured Victims
Hurt in an accident with distracted driving? In Pennsylvania, you have the right to seek compensation for the full extent of your damages, including for your non-economic losses. How much can you expect to recover? The answer will depend on many case-specific factors. With that being said, you should never rely on an insurance company to fully and fairly value your claim. They fight to pay out less. Our Philadelphia car accident lawyer can help. You may be able to recover for:
- Property loss, including vehicle repairs;
- Ambulance costs and emergency room care;
- Hospital and other health care costs;
- Physical therapy and mental health support;
- Loss of current and future wages;
- Pain and suffering;
- Disability or disfigurement; and
- Wrongful death.
How Our Philadelphia Distracted Driving Accident Lawyer Can Help
Distracted driving accident claims are complicated. If you believe that your crash was caused by a driver who violated the Commonwealth’s hands-free law, you must have a strong advocate on your side. At Gibbons & Crichton, we are proud of our record of case results and client testimonials. Your initial consultation with our Philadelphia attorney is free and confidential.
We have a law office right here in Philadelphia, and we are proud to fight for justice for people in the community. Our team has a deep understanding of Pennsylvania law, and we know the local claims process. Our Philadelphia car accident attorneys handle cases throughout the entire city and all around the broader region in Southeastern Pennsylvania.
Contact Our Philadelphia Car Accident Lawyer Today
At Gibbons & Crichton, our Philadelphia car accident attorney fights tirelessly for justice for injured victims. We put our clients’ needs first. If you or your loved one was hurt in a crash with a distracted driver, please contact us today for a free, no-obligation initial case review. With a law office in Philadelphia, we serve communities throughout Southeastern Pennsylvania, including the following zip codes: 19103, 19104, 19105, 19106, and 19107.
