Pennsylvania’s Laws on Smartphone Use While Driving: Understanding Your Legal Rights After an Accident
Smartphones have become a constant presence in our daily lives, but behind the wheel, that convenience can turn dangerous in seconds. In Pennsylvania, distracted driving, particularly involving handheld devices, remains one of the leading causes of serious auto accidents. When a driver diverts even a moment’s attention to a text message, navigation app, or call, the consequences can be life-altering for everyone involved.
If you were injured by a distracted driver, it’s important to understand how state law addresses cellphone use and what rights you have to recover compensation. An experienced Philadelphia auto accident lawyer can guide you through the process of proving fault, working with investigators, and holding negligent drivers accountable under Pennsylvania law.
The Dangers of Smartphone Use Behind the Wheel
According to the Pennsylvania Department of Transportation (PennDOT), 11,262 crashes and 65 fatalities in 2023 involved distracted driving statewide. Texting while driving is one of the most dangerous behaviors because it combines three types of distraction:
- Visual (eyes off the road),
- Manual (hands off the wheel), and
- Cognitive (mind off driving).
The National Highway Traffic Safety Administration (NHTSA) estimates that reading or sending a single text takes a driver’s eyes off the road for about five seconds, the equivalent of driving the length of a football field at 55 mph without looking. In high-traffic areas like Philadelphia, this brief lapse in attention can result in devastating multi-vehicle crashes or pedestrian injuries.
Pennsylvania’s Texting and Cellphone Laws
Pennsylvania has had a statewide texting-while-driving ban since March 8, 2012, codified under 75 Pa. C.S. § 3316. The law makes it illegal for drivers to use an interactive wireless communication device to send, read, or write text-based messages while a vehicle is in motion. This includes text messages, emails, and instant messages.
Violating the law is a primary offense, meaning police can pull drivers over solely for texting while driving. The penalty carries a $50 fine, but more importantly, evidence of texting can be used to establish negligence in a personal injury lawsuit after a crash.
In addition, Pennsylvania enacted a broader handheld cellphone ban that took effect on June 5, 2025, under Act 105 of 2024, known as the Paul Miller Law. This new legislation prohibits holding or using a cellphone for any reason while operating a motor vehicle, including while stopped at a red light or in traffic. For the first 12 months, only written warnings will be issued; fines will begin on June 5, 2026. Hands-free use, such as with Bluetooth or dashboard systems, remains permitted.
Proving Distracted Driving After an Accident
Proving that a driver was using a smartphone at the time of a crash often requires a combination of direct and circumstantial evidence. Common examples include:
- Cellphone records showing text or data activity immediately before the impact.
- Dashcam or surveillance footage capturing a driver holding or looking at a phone.
- Witness testimony from other motorists or pedestrians.
- Vehicle data recorders or infotainment logs showing touchscreen interaction.
Obtaining cellphone records usually requires a subpoena or court order. Because evidence can be deleted or overwritten quickly, acting fast is essential. A skilled attorney can handle this process, working with investigators to ensure the data is preserved and admissible in court.
How Distracted Driving Affects Liability
Under Pennsylvania’s comparative negligence rule (42 Pa. C.S. § 7102), liability in auto accidents is determined based on each party’s percentage of fault. A distracted driver who caused or contributed to a collision can be held financially responsible for the injuries and damages they caused.
For example, if a driver was texting when traffic suddenly slowed and they rear-ended another vehicle, investigators and insurers would likely assign them primary fault. Even if both drivers share some responsibility, an injured person can still recover damages as long as they are less than 51% at fault.
In civil cases, evidence of cellphone use can demonstrate reckless or careless behavior, strengthening the injured party’s position in settlement negotiations or at trial. Such evidence may be used to show negligence when another driver’s unlawful phone use leads to a crash.
The Impact of Pennsylvania’s 2025 Handheld Device Ban
The 2025 handheld ban represents a major step toward reducing preventable crashes caused by distracted driving. Once fully enforceable in 2026, the law will make it illegal to hold or use a cellphone for any purpose while driving, even if the vehicle is stopped in traffic. Drivers may still make or receive calls using hands-free technology, provided it requires only a single button press or voice command.
Safety officials expect this law to save lives, as handheld bans in other states have led to fewer serious crashes and fatalities. It also simplifies enforcement; officers will no longer need to determine whether a driver was texting or dialing to issue a citation.
For victims, this change further supports civil claims against distracted drivers, providing a clear legal standard that establishes phone use as a violation of Pennsylvania safety law.
Protecting Your Rights After a Distracted Driving Crash
In the aftermath of a collision, it can be difficult to know what steps to take or how to prove that the other driver’s distraction caused your injuries. Quick action makes all the difference. Consulting an attorney early allows for immediate investigation—before phone data is lost, witnesses move away, or video footage is deleted.
The Villari Firm’s legal team understands the complexities of distracted driving cases and has extensive experience working with forensic experts, accident reconstructionists, and investigators. We build detailed, evidence-based claims to ensure that negligent drivers are held accountable and that victims receive the full compensation they are entitled to under Pennsylvania law.
Contact The Villari Firm
After a serious crash, every moment matters. Evidence fades, memories weaken, and insurance companies move quickly to protect their own interests. The Villari Firm is ready to act immediately on your behalf. Our attorneys have decades of experience investigating distracted driving cases, working with accident reconstruction specialists, and uncovering the proof needed to hold negligent drivers accountable.
Whether your accident involved texting, handheld cellphone use, or another form of reckless driving, we will fight to secure full compensation for your medical expenses, lost wages, and long-term recovery needs. Speak with a trusted Philadelphia auto accident lawyer at The Villari Firm today for a free, confidential consultation. We are here to protect your rights, guide your case every step of the way, and help your family move forward with confidence.
Sources:
Pennsylvania Consolidated Statutes, Title 75 – Vehicles, § 3316 (Prohibiting Text-Based Communication)
Pennsylvania General Assembly – Act 105 of 2024 (Handheld Cellphone Ban, Paul Miller Law)
Pennsylvania Department of Transportation – Distracted Driving Statistics (2023)
National Highway Traffic Safety Administration – Facts About Distracted Driving
Pennsylvania Consolidated Statutes, Title 42 – Judiciary and Judicial Procedure, § 7102 (Comparative Negligence)