Distracted Driving: What Is It And How Changes To The Law Will Affect PA Drivers

6 March 2015
 Categories: , Articles


Nine people are killed every day in accidents caused by distracted drivers, according to the Center for Disease Control and Prevention. Technology provides drivers with many benefits – navigation systems, hands-free communication, voice-responsive environmental controls – but it is also responsible for devices that tempt a driver to take his or her eyes off the road. Pennsylvania, likes most states, is tightening up the laws about driving while texting or using a phone. As a resident, you should know your rights and upcoming changes that might affect them.

What Is Distracted Driving?

The CDC states there are three different types of distracted driving.

  • Visual distraction – You take your eyes off the road for just a second maybe to look at your passenger or check the temperature in the car
  • Manual distraction – This involves taking your hands off the wheel. You might be changing the music or eating
  • Cognitive distraction – This means you're mentally distracted and not thinking about driving

Certain technologies like texting involve all three types of distraction. That is why states are establishing laws that make it a crime to message other people while behind the wheel of a car. If you have an accident caused by distracted driving, you can expect to need an auto accident lawyer and to possibly face charges.

What Are The Distracted Driving Laws In Pennsylvania?

In 2012, Pennsylvania enacted a texting law that makes it illegal to drive and send messages. The Department of Transportation reports that under Pennsylvania law, you are prohibited from using an interactive wireless communication device. An IWCD is defined as a:

  • Wireless phone
  • Personal digital assistant
  • Smartphone
  • Portable or mobile computer
  • Any device used for texting, instant messaging, emailing or Internet browsing

Any mobile device qualifies under the law as an IWCD with the exception of a GPS unit or something that is integrated into the vehicle. The fine for a conviction is 50 dollars. If you have a commercial driver's license, a conviction also carries points and becomes part of your driving record.

What are the Proposed Changes to the Texting Law?

The legislators in PA are looking to make distracted driving—specifically texting while driving—a more serious offense. Both the Senate and the House have proposed bills that will change the current law.

Senate Bill 1289: Introduced in 2014, this bill bars drivers under the age of 18 from using any phone while operating a vehicle, even hand-free devices. The fine for a first offense is 100 dollars, but it goes up to 200 and 300 dollars for subsequent offenses.

Senate Bill 153: The law will prohibit the use of any handheld communication device while driving a vehicle. You can only be charged if you are convicted of another traffic violation. The fines would go up to 100 dollars for a second offense and 150 for a third.

House Bill 244: This bill allows the PA municipalities to pass their own laws regarding cell phone use by a driver. This would not include texting offenses.

These laws only cover the ticket a driver gets if caught texting while driving. Distracted driving opens you up to civil liabilities and criminal charges should you cause an accident. In 2013, a woman from Volant faced charges of homicide by vehicle and involuntary manslaughter for causing the death of a motorcycle rider because she was texting while driving.

If you are involved in a crash, whether you are charged with a crime or injured by a texting driver, you need an auto accident lawyer well versed in the changing state and local laws. For more information, contact a car accident attorney who has handled distracted driving cases in the past to ensure you get the best representation.


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