Distracted Driving Accident Lawyer: Claims Against Drivers on Phones and Screens

Can you sue a distracted driver in Pennsylvania?

Yes. A driver who causes a crash because they were looking at a phone, a screen or anything else instead of the road is negligent, and you can bring a claim for your injuries. Pennsylvania has banned texting while driving since 2012, and since June 5, 2025 it has banned holding a phone at all while driving.

Warren I. Siegel, a Pennsylvania attorney since 1992, handles these claims for people hurt in Delaware County and West Philadelphia. The early work focuses on preserving the evidence that shows what the other driver was doing in the seconds before impact.

What Pennsylvania's phone laws say

The texting ban, 75 Pa.C.S. § 3316, prohibits sending, reading or writing a text message, instant message or email on a mobile device while the vehicle is moving.

Paul Miller's Law, 75 Pa.C.S. § 3316.1, goes further. It bars any use of an interactive mobile device while driving, which the law defines to include holding or supporting the phone with a hand or another part of the body, dialing or answering by pressing more than a single button, and reaching for the phone in a way that takes the driver out of a normal belted, seated position. "Driving" includes sitting momentarily at a red light or in stopped traffic. There is an exception for contacting police or emergency services to prevent injury.

The first year was a warning period. Since June 5, 2026, violations carry a $50 fine plus court costs. That penalty is small, but the rule it sets gives a clear standard of care for the civil claim.

Distraction beyond the phone

Negligence does not require a statute. Drivers are also careless when they program a navigation screen while moving, eat, reach into the back seat, turn to a passenger, or watch something outside the car instead of traffic. Built-in touchscreens that require several taps to change a setting can pull a driver's eyes down just as long as a phone.

Proving the other driver was distracted

• Phone records. Carrier records and app data can show texts, calls and data use at the moment of the crash. They are usually obtained through a subpoena once a lawsuit is filed.
• Timing. The airbag control module and 911 call logs can fix the moment of impact to match against phone activity.
• Witnesses who saw the driver's head down or a phone in hand, including passengers in other cars.
• Video from traffic, business and dash cameras showing a car drifting or failing to brake.
• The driver's own statements at the scene and to police, and a citation under § 3316 or § 3316.1 if one was issued.
• Crash patterns typical of distraction, such as no skid marks before a rear impact.

Send a preservation letter early

Phone data, app logs and video do not last forever. A letter to the driver and their insurer, sent early, puts them on notice to preserve the phone and its records. Destroying evidence after that notice can have consequences for the defense in court.

When the distracted driver was working

Delivery drivers, contractors and sales staff often use phones for dispatch and navigation while on the road. When a driver causes a crash on the job, the employer can be responsible for the driver's negligence, and a company policy usually carries more coverage than a personal one. Rideshare drivers raise their own coverage questions, which our rideshare page covers.

Distraction and your tort option

Distraction is not one of the exceptions to limited tort. A conviction for DUI can let a limited-tort policyholder recover pain and suffering (75 Pa.C.S. § 1705(d)), but a phone citation does not. If you chose limited tort, you will generally need to show a serious injury to recover non-economic damages from a distracted driver, so thorough medical documentation matters from the start.

Where distraction crashes happen here

Distracted drivers rear-end stopped traffic on West Chester Pike and Baltimore Pike, drift across lanes on I-476, and miss pedestrians in the crowded crosswalks around SEPTA's 69th Street Transportation Center. If you were hit on foot, our pedestrian accident page explains how those claims work.

Deadline, fee and next step

You generally have two years from the crash to sue (42 Pa.C.S. § 5524), with limited exceptions, but phone and video evidence should be secured in the first weeks.

Our fee is 100% contingency. No attorney fee is owed unless we recover, the firm advances all case costs, and those costs come back only out of a recovery. If there is no recovery, you owe nothing. Call (267) 412-4601 or send the free case review form.