Hit by a Distracted or Texting Driver in Pennsylvania
Distracted driving is behind a large share of Pennsylvania crashes, especially rear-end collisions and crashes at intersections. If you suspect the other driver was looking at a phone, that can matter a great deal — but only if it can be proven.
What Pennsylvania law says
Pennsylvania has banned texting while driving since 2012. Paul Miller's Law goes further: it prohibits holding a phone or other handheld device while driving, including while stopped in traffic or at a light. After a year of warnings, police began issuing fines under the law in June 2026. Hands-free use is still allowed.
A citation isn't required for your injury claim — but a violation of a safety law can be strong evidence of negligence.
How distraction gets proven
Admissions. Drivers sometimes say "I only looked down for a second." Write down exactly what they said, and tell the officer.
Witnesses. Other drivers and passengers often see a phone in hand. Get names and numbers at the scene.
Phone records. Carrier records can show texts, calls and data use around the time of the crash. They generally have to be requested through a lawsuit, and carriers don't keep everything forever.
Vehicle data. Many cars record speed and braking in the seconds before impact. No braking before a rear-end crash is a telling detail.
Video. Dashcams, business cameras and doorbells. This footage is often overwritten within days.
Act quickly to preserve evidence
A letter asking the other side to preserve phone and vehicle data should go out early. Once evidence is gone it's hard to get back. See The First 72 Hours After a Car Accident in Luzerne County.
It can also be used against you
Insurers ask injured people about their own phone use, too. Be accurate, and don't guess. If you were partly at fault, you can still recover as long as you were not more at fault than the other driver — see Comparative Negligence in Pennsylvania.
Most distracted-driving crashes are rear-end collisions. Read Rear-End Collisions in Pennsylvania: Who's at Fault?
Talk it through with someone local. If you have questions about your own situation, the attorneys at Joyce, Carmody & Moran can review what happened and explain your options. Request a free consultation.
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