What if the Driver Was Texting or Distracted at the Time of the Accident?
Distracted driving involves any activity that takes your full attention away from the road. Each day, individuals are injured due to drivers talking on their cell phones, eating/drinking, texting, or checking their emails or text messages. Traveling at normal highway speeds, a driver who looks away from the road for merely five seconds will travel the entirety of a football field. Considering that driving requires constant split-second decision-making, looking down at your phone for only a few seconds can most certainly have disastrous consequences.
If you were in an accident caused by a distracted driver, the Philadelphia car accident attorneys at HGSK Injury Lawyers are available to assist you with your claim. Our legal team will explain your rights to secure just compensation on your behalf.
What is Distracted Driving?
Distracted driving involves any task that draws your attention away from the road. Common activities that distract motorists include texting, talking on a cell phone, eating or drinking, changing the radio station, applying make-up, setting a GPS, and having conversations with passengers.
Distracted driving can take any of the following forms:
- Manual distraction: Taking your hands off the wheel
- Visual distraction: Looking elsewhere besides the road
- Cognitive distraction: Letting your mind wander, not thinking about your driving
Pennsylvania Distracted Driving Law
In 2023, 3,275 people were killed in distracted driving accidents on our nation’s roads. Texting while driving has become such a glaring issue that many states are implementing laws to discourage motorists from such behavior. Effective as of June 5, 2025, the Commonwealth of Pennsylvania is instituting a distracted driving law. Known as Paul Miller’s Law, the statute prohibits the use of mobile devices while driving. However, an exception applies if the police or ambulance must be contacted in the event of an emergency.
More specifically, Paul Miller’s Law bans the use of hand-held devices to “send, read, or write a text-based communication.” If you are found using a mobile device while driving, a written warning will be issued for the first year that the law is in effect, after which motorists will be charged with a summary offense and fined $50.
Pursuing Damages in a Philadelphia Car Accident
While the state is instituting stricter laws against distracted driving, as an injured party, you still have the right to pursue an insurance claim against the other motorist. Most car accidents are caused by someone using less than reasonable care behind the wheel, causing another person harm. To recover damages when an accident is caused by a distracted driver, you would need to provide evidence that the other driver was distracted. Evidence may include video surveillance, eyewitness testimony, or the driver’s phone records.
If you believe that the other driver was distracted, you should contact a Philadelphia car accident lawyer to handle your claim. Knowing what evidence to gather to support your claim requires legal prowess, resulting in a streamlined claims process. The insurance company’s main objective is to minimize your benefits and maximize their profits, leaving you high and dry. When you work with HGSK Injury Lawyers, you place yourself on the best footing, giving yourself an advantage over the at-fault driver.
Victim of Distracted Driving? Reach Out to Our Philadelphia Car Accident Attorneys Today
The surge in the use of cellular phones has caused a sharp increase in the number of distracted driving cases in the past few years. If you or a loved one have experienced injuries due to a distracted driver, our Philadelphia car accident lawyers are here to address your concerns. Our skills and experience in handling insurance companies ensure that you will recover the compensation that is rightfully yours. To learn more about our services, feel free to contact us online or give us a call at (267) 551-8782 today.