In today's world, smartphones are everywhere — but when they're used behind the wheel, they can be deadly. Texting while driving is one of the most dangerous and preventable causes of car accidents in Pennsylvania.

If you were injured in a crash caused by a texting driver, you may be wondering whether you can sue for damages. The answer is yes — and Pennsylvania law is clear about holding distracted drivers accountable. Here's what you need to know about filing a texting-while-driving accident claim in Pennsylvania.

Understanding Pennsylvania's Texting While Driving Law

Pennsylvania's Texting While Driving Law (Title 75, Section 3316) makes it illegal for any driver to use a wireless communication device to send, read, or write text messages while the vehicle is in motion.

This includes:

• Texting
• Sending or reading emails
• Browsing the internet

The law applies to all drivers, regardless of age or license type. Violating this law not only results in fines but can also be used as evidence of negligence in a civil lawsuit if the driver causes a crash.

Proving Negligence in a Texting While Driving Accident

To successfully sue a texting driver in Pennsylvania, your attorney must prove negligence, which includes four main elements:

1. Duty of care – The driver had a legal responsibility to drive safely.
2. Breach of duty – They breached that duty by texting while driving.
3. Causation – Their texting directly caused the accident.
4. Damages – You suffered injuries or financial losses as a result.

If your lawyer can prove these elements, you can pursue compensation for your injuries, lost wages, pain and suffering, and other losses.

Key Evidence in Texting While Driving Cases

Strong evidence is essential to prove distracted driving. Common types include:

• Eyewitness testimony: Passengers or bystanders may have seen the driver using their phone.
• Police report: Officers often note suspected distracted driving in their crash reports.
• Phone records: These can confirm if the driver was texting at the time of the accident.
• Expert testimony: Accident reconstruction experts can link the driver's inattention to the collision.

An experienced Pennsylvania car accident attorney can issue subpoenas for phone records and work with experts to prove your claim.

Comparative Negligence in Pennsylvania

Pennsylvania follows a modified comparative negligence rule. This means:

• You can still recover compensation if you were less than 50% at fault for the accident.
• However, your damages will be reduced by your percentage of fault.

For example, if you were found 20% at fault and your total damages were $100,000, you would recover $80,000.

Types of Compensation You Can Recover

If a texting driver caused your injuries, you may be eligible for compensation such as:

• Medical expenses – For treatment, rehabilitation, and ongoing care
• Lost income – Including future lost earnings
• Pain and suffering – For physical and emotional harm
• Property damage – For vehicle repair or replacement
• Wrongful death damages – If a loved one was killed by a distracted driver

Filing Deadlines (Statute of Limitations)

In Pennsylvania, you generally have two years from the date of the accident to file a personal injury lawsuit.
If you miss this deadline, you may lose your right to recover damages — so it's crucial to act quickly.

Why You Need an Experienced Attorney

Texting-and-driving cases can be complex. You'll need to gather digital evidence, negotiate with insurance companies, and build a strong argument showing negligence.

An experienced Pennsylvania personal injury lawyer can:

• Investigate the crash
• Obtain the driver's phone records
• Work with experts to prove distracted driving
• Handle insurance negotiations
• Take your case to trial if necessary

Hold Distracted Drivers Accountable in Luzerne County

If you were injured in an accident caused by a texting driver in Wilkes-Barre, Hazleton, Scranton, or anywhere in Northeastern Pennsylvania, you have the right to pursue justice.

At Sklarosky Law, we represent victims of distracted and negligent drivers throughout Luzerne County and beyond. We'll fight to recover the compensation you deserve and hold dangerous drivers accountable.

If you or a loved one has been injured in a car accident in Luzerne County, do not wait to get legal help. At Sklarosky Law, we fight for accident victims across Northeastern Pennsylvania to recover the compensation they deserve.

Call (570) 283-1200 or use our online contact form for a free consultation today.