A Hazleton distracted driving accident lawyer at Munley Law helps victims hold negligent drivers accountable and recover full compensation. When a driver looks away from the road – even for a few seconds – the consequences can be devastating.
Distracted driving remains one of the leading causes of crashes nationwide, often involving texting, navigation systems, or in-car distractions. According to the National Highway Traffic Safety Administration, distracted driving claimed 3,208 lives in 2024. Surviving victims are left facing serious injuries, lost income, and mounting medical bills.
For nearly seven decades, Munley Law has built a reputation for results in complex personal injury cases. Our attorneys have secured multi-million-dollar verdicts and settlements and are recognized by national trial organizations for excellence in advocacy.
Our Hazleton car accident lawyers investigate every detail, work with leading experts, and fight for maximum recovery, whether through investigation or trial. When you hire us, you pay nothing unless we win.
Contact us for a free consultation.
Call Us At 844-686-5397 What Counts as Distracted Driving Under Pennsylvania Law?
Distracted driving takes many forms. Driving is a physically and mentally complex task that demands one’s full attention. Anything that takes your attention away from the driving task is a distraction. Younger and more inexperienced drivers are more prone to distraction than older drivers, but no driver is immune. Reading or sending a text message is one of the most common distractions for drivers on the road, but not all forms of driver distraction involve mobile devices.
Driving distractions can be divided into four categories: cognitive, visual, manual, or combined. All these types of distraction impair driving performance.
- Cognitive—Cognitive distractions take your mind away from the task of driving. Even if your hands are on the wheel and your eyes are on the road, cognitive distractions such as a hands-free phone conversation or a wandering mind can distract your attention from the task. While many people consider hands-free Bluetooth conversations safer than a handheld phone call, they have also proven to be highly distracting.
- Visual—Visual distractions are anything that diverts your eyes from the road. Drivers must stay aware of their surroundings to be safe—this includes the road ahead and the view from the side and rear-view mirrors. Taking your eyes off the road to read a message, look for something in the glovebox, or look at a map on your navigation system are all forms of visual distraction. Taking your eyes off the road for two seconds while driving can be deadly.
- Manual—Manual distractions take your hands off the wheel. Holding food or drink, digging through a purse or backpack, or tending to children or pets in the car are all distractions.
Naturally, some activities involve all three forms of distraction.
Common driver distractions that cause accidents include:
- Reading or sending a text message
- Looking at social media
- Checking email
- Using a music app
- Using an infotainment system
- Using a GPS or navigation
- Conversations with passengers
- Eating or drinking
- Applying makeup
- Searching for an item in the car
- Hands-free phone conversations
In other words, there is no such thing as multitasking when you’re behind the wheel of a car. Every day, innocent people pay the price for those who risk driving distracted.
How Do We Prove a Distracted Driving Accident Claim in Hazleton?
Distracted driving is a type of reckless and negligent behavior. If a driver is found to have been texting at the time of an accident for which they were at fault, they may be found negligent and, therefore, liable for damages they caused.
However, this is often easier said than done. The plaintiff (victim) in a personal injury case must prove certain elements to recover damages from the defendant successfully. You must be able to show:
Duty – You must show that the defendant owed you a duty of care. In car accident cases, this is pretty straightforward. All drivers on the road must exercise reasonable care and caution behind the wheel. This includes obeying traffic laws, paying attention to the roadway, and avoiding collisions with other drivers and pedestrians.
Breach – You must show that the defendant breached their duty by texting, using social media, or engaging in some other distracting activity while driving. This can be difficult to prove. Your lawyer may obtain the defendant’s phone records to determine if phone use contributed to your crash. But other types of distraction will be more challenging to demonstrate. This is where your attorneys may rely on witness testimony and deposition, surveillance footage, and other forms of discovery.
Causation – You will need to demonstrate that the defendant’s breach of duty resulted in the crash that caused your injuries. If there is any question about this factor, your attorney can call upon engineers and experts to make your case.
Damages – Finally, you will need to prove that you suffered damages (economic and non-economic) as a result of your injuries.
In order to make a successful personal injury claim, you will need to prove that the other driver was negligent. In a distracted driving accident case, this means you will need to prove that the at-fault driver was distracted. In some cases, the at-fault driver will be issued a citation for texting and driving at the time the police respond to the accident. This will likely be noted in the police accident report.
What Injuries Are Most Common in Hazleton Distracted Driving Crashes?
A distracted driver might fail to slow down in time to avoid hitting the car in front of them. They might fail to notice a pedestrian or bicyclist at an intersection. They might run a red light and collide with an oncoming vehicle. They might drift out of their lane and hit another driver head-on. All of these types of collisions can result in catastrophic injuries.
Common injuries sustained in a distracted driving car accident include:
Broken bones – The impact of a car crash can result in broken bones, including arm, leg, rib, collarbone, and other fractures. Broken bones are not only extremely painful, but they can also require multiple expensive surgeries and can even cause internal damage. Pedestrians, motorcycle riders, and cyclists, who lack the protection of a vehicle, are especially vulnerable to these types of injuries.
Traumatic brain injuries – Traumatic brain injuries, or TBIs, are among the most common injuries that occur in motor vehicle accidents. Brain injuries can range from mild concussions to skull fractures and brain bleeds. A brain injury can cause long-term or permanent disability and change the victim’s life forever. Because these are often hidden injuries, they are highly complex to understand and to treat.
Neck and back injuries – The force of a crash frequently results in neck and back pain. Some accident victims don’t experience the full effects of a neck and back injury until days after the crash. Neck and back pain can be debilitating and lead to loss of mobility. Costly spinal surgery and extensive time off work can be involved in recovery from a back injury.
What Compensation Can You Recover After a Distracted Driving Accident in Hazleton?
Becoming the victim of a car accident can turn your life upside down in an instant. In addition to the physical pain and the psychological stress you experience, you may also be facing sudden medical bills, damage to your vehicle, and time missed from work. If someone else’s negligence caused you to suffer these damages, you should not have to pay for them alone. A car accident lawsuit aims to award the plaintiff financial compensation or damages for the harm they have suffered due to the defendant’s actions.
Damages in a Hazleton distracted driving lawsuit can include economic and non-economic damages.
Economic damages in a Hazleton car accident include financial losses like medical bills, hospital stays, prescription medicine, lost wages, and lost earning power.
Non-economic damages include emotional distress, mental anguish, loss of companionship, and pain and suffering.
Your distracted driving accident lawyer will work with experts to calculate the current and future damages in your case, and fight for the maximum amount of compensation you can receive.
Hazleton Distracted Driving Accident FAQs
Can I Sue the Driver of the Car in Which I Was a Passenger Who Caused a Crash?
As the passenger of the vehicle, you also have the right to sue the at-fault driver for damages you have experienced as a result of their reckless behavior. Many passengers hesitate to sue a distracted driver because the driver is their friend or relative. What you should understand is that it is the insurance company, not the driver, who pays in a personal injury lawsuit. If you were seriously injured, you should not have to pay for someone else’s negligent and dangerous decisions.
Is Distracted Driving a Crime in Hazleton?
Drivers are prohibited from reading, writing, or sending text-based communication using an interactive wireless communication device. The penalty for texting and driving is a fine of $50.00. The consequences are much more serious if texting and driving result in the injury or death of another person.
Daniel’s Law states that a driver found guilty of causing serious bodily injury while texting will face a 2-year jail sentence, and a driver found guilty of causing fatal injuries while texting will face 5 years.
Does Insurance Cover Me If I Was Hit by a Driver Who Was Texting?
Under Pennsylvania law, all drivers’ injuries will be covered by their own personal injury protection or “PIP” coverage on their insurance policy, regardless of who was at fault. When this coverage is exhausted, victims can seek additional compensation from the at-fault party’s insurance for damages.
In Pennsylvania, car accident victims are bound by the tort option they select on their car insurance policy. A full tort policy allows you to sue for pain and suffering if you’re hit and injured by another driver. A limited tort policy limits your ability to sue. With a limited tort policy, you can sue for medical bills and lost wages only, unless your injuries are severe enough to breach this limitation. There are some exceptions to this rule. If you were a pedestrian hit by a car, you would automatically enjoy the benefits of a full tort policy. Likewise, if an out-of-state driver hit you, you would enjoy the privileges of a full tort policy.
Another form of coverage that can help you after being hit by a distracted driver is your uninsured and underinsured motorist coverage. If the driver who hit you does not have sufficient insurance coverage to compensate you for your damages, you may look to your own uninsured/underinsured motorist coverage for additional funds.
How Long Do I Have to File a Distracted Driving Claim in Pennsylvania?
In Pennsylvania, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can prevent you from recovering compensation entirely. However, certain exceptions may apply depending on the circumstances. Speaking with an attorney as soon as possible helps preserve your rights and evidence
Can Phone Records Really Prove Distracted Driving?
Yes. Phone records can be powerful evidence in distracted driving cases. They can show whether a driver was texting, calling, or using apps at the time of the crash. Attorneys often subpoena these records during litigation. Combined with other evidence, they can strongly support your claim.
What If the Distracted Driver Denies Using their Phone?
Even if the driver denies distraction, other evidence may prove otherwise. Surveillance footage, eyewitness testimony, and crash reconstruction can reveal what happened. In some cases, vehicle data or app usage logs may also help. An experienced attorney knows how to uncover this evidence.
Are Hands-Free Devices Safer or Still Considered Distracted Driving?
Hands-free devices reduce manual distraction but still create opportunities for cognitive distraction. This means the driver’s mind is not fully focused on the road. Studies show that even hands-free conversations can impair reaction time, and in legal cases, they may still be considered a contributing factor.
Can Distracted Driving Include Things Other Than Phones?
Yes. Distraction includes anything that takes attention away from driving. This can include eating, adjusting controls, talking to passengers, or even daydreaming. Phones are just one of the many potential distractions that can lead to an accident. Legally, any of the distracted behaviors can support a negligence claim.
Why is it Important to Hire a Lawyer Quickly After a Crash?
Hiring a lawyer early allows critical evidence to be preserved before it disappears. Surveillance footage, witness memories, and phone data can be time-sensitive. Early legal involvement also helps prevent mistakes when dealing with insurance companies. It gives you the best chance of full compensation
Contact a Hazleton Distracted Driving Lawyer at Munley Law
Drivers who attempt to multitask behind the wheel knowingly put other people around them in harm’s way. If you or someone in your family was injured by a distracted driver, you deserve answers. Our award-winning team of lawyers is standing by, ready to get to work for you.
Munley Law has earned national recognition for trial excellence and client results. Our attorneys are members of the American Association for Justice and the Summit Council, and have held leadership roles in state and national legal organizations.
We have secured numerous multi-million-dollar recoveries for injured clients, including catastrophic vehicle accident cases, and have been consistently recognized for professional excellence and ethical standards within the legal community.
Our attorneys will answer your questions, listen to your story, and advise you about what to do next. Once hired, we will get to work obtaining evidence, reviewing your medical records, and consulting with experts to prepare your case. We will conduct any necessary investigation, and we will negotiate with the insurance company on your behalf even as we prepare your case for a jury trial.
There is never a charge for our services unless we win your case. If we do not succeed in getting justice for you, you owe us nothing. Contact us today to discuss your case and see how we cna help you.
Robert W. Munley, III
Robert W. Munley, III is a highly experienced and award-winning auto accident lawyer and courtroom advocate. Bob was named to Best Lawyers in 2013, and has since then gone on to be named among the Lawdragon 500 Leading Lawyers in America and the Top 100 Trial Lawyers in Pennsylvania by the National Trial Lawyers Association. Among the thousands of victims Bob has served, notable cases he has helped with include a $17.5 million jury verdict for a teen death caused by a car accident, and an $8 million settlement for the family of a decorated Marine who was killed in an accident involving two large trucks.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on May 29, 2026.
Munley Law Personal Injury Attorneys
197 N Cedar St.
Hazleton, PA 18201
(570) 536-9498
