The Dangers of Distracted Driving: How the Law is Fighting Back

By: Pamela A. Lee, Esquire
       [email protected]

In 2015 alone, there were over 14,800 crashes in Pennsylvania in which distracted driving played a role in the crash.  61 of those were fatal crashes.  That’s nearly 5,285 more crashes than those attributed to drunk drivers in the same year.

Distracted drivers continue to put our children, parents, family and friends in grave danger.

Although a Pennsylvania statute prohibits any driver from using a cell phone, smartphone, or tablet to send, read, or write a text-based communication while his/her vehicle is in motion, there are so many more ways a driver can become distracted.

Anything that takes a driver’s eyes off the road, hands off the wheel, or mind off of driving, distracts the driver from paying attention to the important task at hand: driving safely.  For example, a driver’s applying makeup or combing hair while driving can distract the driver.  A driver’s changing music on an iPod or putting data into a GPS can distract the driver.  This equally risky conduct is not prohibited by that Pennsylvania statute.

That is why Pennsylvania tort law imposes a duty upon every driver to drive safely.  A driver who fails to drive safely and causes a crash is responsible for other’s injuries caused by the crash.  If you or a loved one was seriously injured in a crash which was caused by a distracted driver, an experienced attorney can help protect legal rights and fight for what’s right.

Specifically as to texting and driving – which so many distracted drivers know is prohibited by Pennsylvania statute but do it anyway – Pennsylvania tort law has begun to recognize powerful remedies to deter this danger on our highways.  A Pennsylvania trial court has allowed negligence and wrongful-death claims to proceed against two people who were texting a driver right before she allegedly caused a fatal crash that resulted from having been distracted by this texting.  The court recognized as legally valid a claim against those people who know or have reason to know that the person they are texting is driving and will view the text while driving.

Our attorneys at the Law Firm of DiOrio & Sereni, LLP will ask the tough questions and get you the right answers.  We will help you recover full and fair compensation for all your harms and losses caused by a distracted driver and any other legally responsible party, including lost income, unreimbursed medical expenses, physical pain, and emotional harm.

If you want more statistics relating to crashes and statistics, see 2015 PA Crash Facts and Statistics, published by the Bureau of Maintenance and Operations, Pennsylvania Department of Transportation, which can be found at the following link:

The attorneys at the Law Firm of DiOrio & Sereni, LLP are experienced and available to help you. Please contact Pamela A. Lee, Esquire at the Law Firm of DiOrio & Sereni, LLP at 610-565-5700 or email her at [email protected].


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The Law Firm of DiOrio & Sereni, LLP, is located in Media, PA and serves clients in and around Media, Glen Riddle Lima, Brookhaven, Wallingford, Newtown Square, Lenni, Springfield, Swarthmore, Chester, Aston, Bryn Mawr, Morton, Woodlyn, Broomall, Gradyville, Folsom, Chester Heights, Crum Lynne, Glen Mills, Marcus Hook, Ridley Park, Drexel Hill, Marple, Bethel, Garnet Valley, Chadds Ford Concord, Chester County, Delaware County, Montgomery County, Philadelphia County.

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