What Counts as Distracted Driving in Pennsylvania?
When most people hear “distracted driving,” they think of texting behind the wheel. While using a cellphone is a major source of distraction, it is not the only one. Eating, adjusting the radio, reaching for something, or even turning to talk to a passenger can take a driver’s attention away from the road.
Pennsylvania has taken steps to address distracted driving, including a statewide hands-free law that restricts drivers from using handheld mobile devices while driving. But distracted driving involves more than cellphone use. Any activity that takes a driver’s eyes, hands, or attention away from driving can increase the risk of a serious crash. For someone injured in an accident, understanding what distracted driving includes can also help explain how the crash happened and who may be responsible.
What Is Distracted Driving?
Distracted driving happens when something takes a driver’s attention away from safely operating the vehicle. PennDOT generally breaks distractions into three categories: visual, manual, and cognitive. A visual distraction takes a driver’s eyes off the road. A manual distraction takes one or both hands away from the wheel. A cognitive distraction takes the driver’s mind away from the task of driving.
A single activity can involve more than one type of distraction. For example, texting may require a driver to look at a phone, use their hands to type, and focus on the conversation instead of traffic.
Other common distractions include:
- Eating or drinking
- Adjusting the radio or navigation system
- Reaching for something inside the vehicle
- Looking at something happening outside the vehicle
- Turning to talk to a passenger
- Reading or writing
- Grooming or applying makeup
Even a few seconds of distraction can matter. A driver who looks away from the road may not see a stopped vehicle, pedestrian, traffic signal, or sudden change in traffic.
Pennsylvania’s Hands-Free Law
Pennsylvania’s distracted driving laws became stricter with the passage of Paul Miller’s Law. The law took effect on June 5, 2025, and prohibits drivers from using a handheld interactive mobile device while driving. Importantly, the law can apply even when a vehicle is temporarily stopped in traffic or at a red light. A driver cannot simply assume that being stopped means it is safe to pick up a phone.
The law covers a variety of activities involving handheld mobile devices, including texting, emailing, browsing the internet, using social media, and sending or receiving electronic information. Drivers can still use hands-free technology for certain purposes, such as making phone calls or using GPS. The law also includes exceptions for certain emergency situations.
The consequences for violating the hands-free law are separate from what can happen if distracted driving contributes to a crash. If another driver’s distraction causes an accident, injured victims may have questions about liability and compensation in addition to any traffic violation.
Texting While Driving Is Still Illegal
Pennsylvania also has a separate law that prohibits texting while driving. Drivers cannot use an interactive wireless communication device to send, read, or write text-based communications while a vehicle is in motion.
Texting is especially dangerous because it can involve all three types of distraction. The driver’s eyes may leave the road, their hands may leave the steering wheel, and their attention may shift to the conversation.
A driver who looks down at a message may only be distracted for a few seconds, but a vehicle can travel a significant distance during that time. At highway speeds, that brief distraction can have serious consequences.
Distracted Driving Is Not Limited to Cellphones
A driver does not have to be using a phone for distraction to contribute to an accident. Consider a driver traveling through Erie who looks down to unwrap food while approaching stopped traffic. If the driver fails to notice the vehicles ahead and causes a rear-end collision, the distraction may have played a role in the crash.
The same can happen when a driver reaches into the back seat, changes the GPS, turns around to talk to a passenger, or becomes focused on something outside the vehicle. PennDOT recognizes these types of activities as potential driving distractions. The important issue is whether the activity interfered with the driver’s ability to safely operate the vehicle.
How Can Distracted Driving Affect an Accident Claim?
If you were injured by a distracted driver, determining what the other driver was doing before the crash may help establish what caused the accident. Evidence can come from several sources, including witness statements, police reports, surveillance footage, vehicle data, cellphone records, and statements made by the driver. In some cases, however, proving distraction can be difficult because a driver may not admit that they were using a phone or engaging in another distracting activity.
Distracted driving crashes may also be underreported. PennDOT reported nearly 10,000 crashes involving distracted drivers in Pennsylvania in 2024. Those crashes resulted in more than 6,000 injuries and 49 deaths. For an injured person, distracted driving may be only one part of a potential personal injury claim. The nature of the injuries, medical treatment, lost wages, property damage, and other losses may also affect the claim.
What Should You Do After a Crash Involving a Distracted Driver?
If you believe another driver was distracted when they caused your accident, report the crash and seek medical attention. Some injuries may not be obvious right away, so it is important to take symptoms seriously.
If you are able, document the scene and collect contact information from anyone who witnessed the accident. Keep copies of medical records, bills, repair estimates, and information about time missed from work.
You should also avoid confronting the other driver about whether they were using a phone. Instead, provide the information you have to law enforcement and preserve any evidence that may help explain what happened.
Protecting Your Rights After a Distracted Driving Crash
Distracted driving can take many forms. Proving that a driver’s distraction caused your accident may require more than knowing that the driver had a cellphone. If you were injured in a car accident in Erie or elsewhere in Northwestern Pennsylvania, an attorney can review the circumstances of the crash and help you understand your legal options. Evidence about the other driver’s actions, your injuries, and your financial losses may all be important.
The Travis Law Firm provides compassionate, aggressive representation to secure the compensation you deserve. Call us today at (814) 277-2222 or (814) 455-3839, or use our online contact form to schedule your free consultation.