Ryan Zavodnick | August 17, 2025 | Car Accidents
The Commonwealth of Pennsylvania reports that there are over 11,000 distracted driving crashes each year in the Keystone State. Dozens of these crashes prove fatal, and hundreds lead to serious injuries. While these statistics are notable, they come as no surprise to those who have already suffered serious injuries due to negligent, distracted drivers. Those who find themselves in this situation may struggle to pay medical bills, cover missed earnings, and address psychological trauma. Families who lose loved ones to distracted drivers also bear the cost of funerals. Texting and driving laws in Pennsylvania dissuade motorists from this type of negligence, but what are the details of these rules? Aside from criminal charges, distracted drivers may also face civil personal injury lawsuits in Pennsylvania. In this context, it is important to determine whether using a mobile phone while driving constitutes a form of negligence. Victims and their families may want to continue this discussion with Zavodnick & Lasky. Pennsylvania residents can contact us at (215) 774-6467.
What Is Paul Miller’s Law in Pennsylvania?
In May of 2025, Governor Shapiro significantly increased penalties for texting and driving with the passing of Paul Miller’s Law. Named after a victim of distracted driving, this law makes using a mobile phone while driving completely illegal. Also called Senate Bill 37, this law bans all use of mobile phones while driving – even when stopped at a red light. Previously, the ban on texting and driving in the Keystone State only applied when vehicles were in motion. Although drivers initially face written warnings during a 12-month probationary period, the full extent of the law goes into effect in June of 2026. After this date, all offenders will face $50 fines.
The most severe penalties are reserved for those who cause fatal accidents while distracted by their mobile phones. In this situation, defendants can face up to five years in prison, in addition to any other sentences for crimes like vehicular manslaughter and DUI causing death. These penalties should come as no surprise, as the law is named after a man who was killed by a distracted driver in Pennsylvania.
Exceptions to Paul Miller’s Law
While Pennsylvania has taken a strict stance against texting and driving, Paul Miller’s Law outlines a few notable exceptions. First, motorists can call 911 during emergencies without worrying about violating these laws. Secondly, all hands-free devices are still legal. If drivers can control GPS devices, musical playlists, and phone calls without touching their phones, these actions should still be legal.
Is Using a Mobile Phone While Driving a Form of Negligence?
Texting and driving is a classic form of negligence in a car accident lawsuit. Although criminal consequences can put distracted drivers behind bars, civil consequences are mostly financial in nature. A distracted driver can cause considerable damages for victims, including medical bills, missed income, disfigurement, post-traumatic stress disorder (PTSD), and much more. Victims have the right to recover these losses by suing distracted drivers directly. However, they need to establish negligence in order to pursue compensation in Pennsylvania.
While Miller’s Law does not directly apply to civil lawsuits, it creates an assumption that texting and driving is always wrong – whether the vehicle is in motion or not. A vehicle does not need to be moving to cause a serious accident. For example, a trucker might become distracted by their phone and fail to move out of a congested area. This may cause a motorist to crash into the back of the trailer, leading to catastrophic or fatal injuries. An experienced injury lawyer at Zavodnick & Lasky may be able to help victims establish that a distracted driver was negligent before a crash.
What if I Was Accused of Texting and Driving Before a Crash?
While distracted drivers often cause crashes, these motorists can also be victims in some scenarios. With its modified comparative negligence doctrine, Pennsylvania accepts that two negligent motorists might both contribute to the same accident. In this situation, the driver with the lesser degree of negligence may still pursue compensation. In other words, a motorist who texts and drives before a crash could still file a personal injury lawsuit. This is true even with the passing of Paul Miller’s Law.
Those who suffer injuries after texting and driving may need to consider how other drivers might have contributed to their accidents. In this scenario, the goal is to establish that the other driver exhibited a form of negligence that was more reckless and serious than texting and driving. For example, a driver might have been texting while stopped at a red light before being rear-ended by a drunk driver traveling far above the speed limit. In this scenario, it is safe to say that the drunk driver was the primary cause of the crash – and the distracted driver would likely still have the right to pursue compensation.
Learn More About Texting and Driving Crashes With Zavodnick & Lasky
While the criminal consequences of texting and driving in Pennsylvania are clear, the outcome of a civil lawsuit may be less straightforward. When filing a personal injury lawsuit, victims must establish that this clear act of negligence led directly to their accidents. Although the burden of proof might be lower in civil cases, establishing negligence and causation can still be challenging for average injured motorists. Car accident attorneys in Pennsylvania may be able to assist these victims with legal guidance, compelling evidence, negotiation strategies, and more. Victims should also choose their strategies based on the unique factors surrounding their cases. A consultation could be an ideal environment to discuss these issues, so consider meeting with Zavodnick & Lasky to continue this conversation. Victims may contact us at (215) 774-6467.
