Distracted driving is a danger that Pennsylvania drivers, like drivers in other states, have increasingly faced in recent years since the use of hand-held electronic devices became prevalent. Pennsylvania, like other states, has responded with legislation. Perhaps as a result of this legislation, Pennsylvania road deaths plunged to all-time lows in 2014, and they exceeded this low by only a fraction of a percent in 2015. Pennsylvania has set of goal to reduce the fatalities by a further 40 percent by 2030.
Distracted Driving Restrictions
Texting while driving is banned for all drivers, with certain narrow exceptions.
Unlike many other states, the use of hand-held cell phones is permitted. Before the current law went into effect, several Pennsylvania cities, such as Erie, had banned the use of hand-held cell phones while driving. The new state law, however, invalidated this ban by prohibiting cities and counties from enforcing local ordinances that are inconsistent with state law.
At least one study in California has indicated that banning the use of hand-held cell phones while driving reduces overall traffic fatalities by more than 20 percent and reduces accidents caused by talking of cell phones by nearly 50 percent. The irony is obvious — citizens of cities like Erie are now less safe than they were before the state distracted driving law went into effect.
Penalties for Violating Pennsylvania’s Distracted Driving Law
The maximum fine for violating Pennsylvania’s distracted driving law is $140, up from $50 under the old law. The law was changed in part because results indicated that the old law had failed to change drivers’ behavior.
In the Event of an Accident
Violating a traffic safety law is considered automatic negligence (“negligence per se”) in Pennsylvania, and will result in liability for damages, if you are sued and if your negligence turns out to be a substantial factor in causing the accident. The only way out of this trap, other than proving that your negligence didn’t cause the accident, would be to show that the other driver (or some other culpable party, such as a rogue pedestrian) was at least 51 percent at fault.
If the other party was culpable too but less than 51 percent at fault, the damages you will be liable for will be discounted by the other party’s percentage of fault (40 percent, for example). Keep in mind that this comparative fault system is a double-edge sword – it can lower the amount of damages you are entitled to, or cause you to lose the case altogether, even if you are the injured party suing for damages, as long as you were partially at fault.
Complications from a Lawsuit
There are two more legal points to keep in mind if you get involved in a road accident and you were driving while distracted in Pennsylvania:
- If your distracted driving was serious enough under the circumstances as to amount to “gross negligence” under Pennsylvania law, punitive damages might be awarded to the other party. This is an extra amount, beyond the amount needed to compensate the victim.
- An employer can be held liable for the damages caused by his employee in the case of an on-duty accident.
– Updated through September 1, 2016