FREE CONSULTATION The Dangers of Distracted Driving: Pennsylvania Laws & Liability
Distracted driving continues to be one of the leading causes of traffic accidents across the country, including in Pennsylvania. The state’s laws are designed to curb these dangerous behaviors, but despite these efforts, distracted driving remains a serious problem on the roads. Drivers must recognize the risks they face while behind the wheel, and understand the legal implications of causing an accident due to distractions.
What Counts as Distracted Driving?
Distracted driving can take many forms, but the most common causes are cell phone use, eating, and adjusting in-vehicle technology. According to the Centers for Disease Control and Prevention (CDC), any activity that diverts attention from driving is considered a distraction. There are three main types of distractions:
- Visual distractions – These cause drivers to take their eyes off the road, such as looking at a phone screen or looking at a GPS.
- Manual distractions – These involve taking your hands off the wheel, like texting or eating while driving.
- Cognitive distractions – These take your mind off driving, such as daydreaming or engaging in a deep conversation while behind the wheel.
All of these distractions are hazardous, as they impair a driver’s ability to focus on the road and respond quickly to changing conditions. The consequences can range from minor accidents to catastrophic collisions, depending on the circumstances.
Pennsylvania’s Laws on Distracted Driving
Pennsylvania has enacted specific laws to address the issue of distracted driving, especially concerning cell phone use. These laws are designed to reduce the likelihood of accidents by holding drivers accountable for their actions.
- Hand-held Cell Phone Ban
In Pennsylvania, drivers are prohibited from using hand-held devices to text, call, or access social media while driving. The state law bans texting for all drivers, regardless of age, and prohibits holding a cell phone in one hand for any reason while operating a vehicle. However, using a phone for navigation is allowed as long as it’s mounted on a dashboard or windshield. The fine for violating this law can range from $50 to $100, depending on the severity of the violation. - School Zone Restrictions
In addition to the general hand-held ban, Pennsylvania has a specific law that restricts cell phone use in school zones. When a driver is in a school zone, they are prohibited from using their cell phone unless the vehicle is safely stopped. The reasoning behind this restriction is to keep drivers focused on the road when children are nearby. A violation of this law can result in a fine of $100. - Zero Tolerance for Texting in Work Zones
Pennsylvania imposes a stricter penalty for texting while driving in work zones. Violating the texting ban in a work zone can result in a fine of $300. Given the high risks in these areas, this law aims to protect workers and other drivers from harm.
Despite these efforts, studies show that distracted driving is still a significant issue. The Pennsylvania Department of Transportation (PennDOT) reports that thousands of accidents in the state each year are linked to distracted driving, highlighting that not all drivers comply with the laws.
Understanding Liability in Distracted Driving Accidents
When a distracted driver causes an accident, the consequences can be far-reaching. The driver may face criminal charges, fines, and civil liabilities. Victims of distracted driving accidents also have the right to pursue compensation for their injuries and damages, but the legal process can be complicated. Here’s how liability typically works in these cases:
- Negligence Claims
In personal injury cases, victims can file a negligence claim against a distracted driver. To succeed, the victim must show that the driver owed a duty of care (as all drivers do), breached that duty by engaging in a distracting activity, and that the breach directly caused the accident and resulting injuries. If a driver is texting while driving, for example, and causes a crash, their failure to pay attention to the road can be considered negligent behavior. - Comparative Negligence
Pennsylvania follows a comparative negligence rule, meaning that a victim’s own actions can be considered when determining compensation. If a person was distracted or contributed to the accident in some way, their damages might be reduced accordingly. For example, if a victim was speeding at the time of a crash, they could receive a smaller settlement, even if the other driver was texting. The degree to which each party is at fault is determined through an investigation of the accident’s circumstances. - Criminal Penalties
Beyond civil lawsuits, distracted drivers in Pennsylvania can also face criminal charges, especially if their actions caused serious injury or death. If a distracted driver causes a crash that results in injury or fatality, they could face charges like reckless driving or vehicular manslaughter, depending on the severity of the incident. These criminal penalties are separate from civil liability, meaning that a driver could face both a lawsuit and criminal charges.
How to Protect Yourself from Distracted Drivers
While laws are designed to hold drivers accountable for their actions, it’s equally important for all drivers to take steps to protect themselves. Here are a few tips to reduce the risk of being involved in a distracted driving accident:
- Stay off your phone while driving, even if your phone is hands-free. Avoid texting, making calls, or browsing social media while on the road.
- Use hands-free devices for navigation and hands-free calling when needed. Make sure the device is set up before you start driving to avoid distractions.
- Take breaks if you are feeling tired or distracted. Pull over to a safe location before engaging in any activity that could take your focus off the road.
Conclusion
Distracted driving is a preventable cause of accidents that continues to impact road safety in Pennsylvania. Understanding the state’s laws and the legal consequences of engaging in distracted driving can help you stay safer on the road. If you or someone you know has been involved in a distracted driving accident, it’s important to speak with a personal injury attorney to understand your legal rights and options for seeking compensation.