If you have suffered losses in an accident caused by another driver whose attention was not on the road, you need a Reading distracted driving accident lawyer. In a busy city like Reading, even a moment of distraction can lead to accidents with severe consequences. Texting, phone calls, GPS use, and other in-car technology continue to play a role in preventable crashes throughout Berks County.
Distracted driving accidents are often more complicated than they appear at first glance. Proving what caused a driver to lose focus may require phone records, crash data, witness statements, and a clear understanding of Pennsylvania traffic laws. Injuries from these crashes can range from soft-tissue damage to traumatic brain or spinal injuries. Having the right legal guidance early on can make a meaningful difference in how a claim is handled and resolved.
Munley Law has spent nearly seven decades representing injured drivers and families across Reading and southeastern Pennsylvania. Our Reading car accident attorneys understand how to investigate distracted driving claims, hold negligent drivers accountable, and deal directly with insurance companies that often try to minimize payouts. When you hire Munley Law, you work with a legal team that is focused on protecting your interests and pursuing fair compensation for the harm you’ve suffered.
Call today to get the process started to seek fair compensation with the help of top Reading personal injury attorneys.
Why Choose Munley Law for a Distracted Driving Claim in Reading?
Munley Law is a trusted choice for distracted driving cases in Reading, PA, with a long track record of holding negligent drivers accountable. Our Reading car accident attorneys have been investigating car accidents and distraction-related crashes for over 65 years with phenomenal success. One example was a $20 million settlement for a teenager hit by a distracted driver.
As a nationally recognized personal injury firm with board-certified civil trial attorneys and a history of multi-million-dollar verdicts and settlements, Munley Law is prepared to negotiate aggressively with insurance companies and take cases to trial when necessary. One partner, J. Christopher Munley, has been listed on the Top 25 Motor Vehicle Trial Lawyers by the National Trial Lawyers Association, and all partners have been named on the Top 100 Trial Lawyers in Pennsylvania.
We put our clients first, fighting tenaciously to secure maximum compensation for you, so you can move forward and recover. Your first consultation is free, and there will be no upfront costs. You owe us nothing unless we win your case.
Contact a Personal Injury Lawyer at Munley Law
Call Us At 844-686-5397 Pennsylvania’s & New Jersey Distracted Driving Law
Distracted drivers have become a growing concern in Reading and throughout Pennsylvania. Although these accidents decreased from 2023, Pennsylvania reported 9,950 distracted driving crashes in 2024, which included 336 serious injuries and 49 fatalities.
According to the NHTSA, these figures may be higher, as people often do not readily admit to distracted driving, and it may not be immediately apparent to the investigator at the scene. The problem also extends to Berks County, which had the fourth-highest number of distracted driving cases (536) between 2020 and 2024.
Pennsylvania has established several laws aimed at curbing distracted drivers. According to Pennsylvania law, it’s illegal for any driver to text while a vehicle is in motion. This includes reading, writing, or using a device to send text messages. The violation carries a fine of $50, though, with court costs and other fees, the total can be over $100.
However, even with a ban on texting while driving, Pennsylvania has not prohibited handheld cell phone use for all drivers. The only drivers who have restrictions on using cell phones while operating a car are young drivers with a learner’s permit or junior license and school bus drivers.
Besides Paul Miller’s Law (stated above), attorneys also use various sections of the Pennsylvania Vehicle Code to prove distracted driving cases:
- Careless Driving – 75 Pa.C.S. § 3714
This law applies when a driver operates a vehicle without due care and causes danger to people or property. Distracted driving behaviors, such as looking at a phone, eating, or adjusting controls, are often cited under this statute even when texting cannot be proven. - Reckless Driving – 75 Pa.C.S. § 3736
If distraction rises to the level of willful or wanton disregard for safety, a driver may be charged with reckless driving. This can apply in cases involving excessive speed combined with distraction or ignoring traffic controls. - Following Too Closely – 75 Pa.C.S. § 3310
Rear-end crashes caused by distracted drivers are often cited under this statute. Looking at a phone or GPS can prevent a driver from maintaining a safe following distance. - Driving at Safe Speed – 75 Pa.C.S. § 3361
Even if a driver is traveling at or below the speed limit, anyone on the roads must drive at a speed that is reasonable for traffic, road, and weather conditions. - Failure to Drive Within a Single Lane – 75 Pa.C.S. § 3309
Drifting between lanes due to distraction, such as reading a text or looking at navigation, can trigger violations under this section. - Failure to Obey Traffic Control Devices – 75 Pa.C.S. § 3111
Distracted drivers often miss stop signs, red lights, or yield signs. - Junior Driver Restrictions – 75 Pa.C.S. § 1503 & § 1501
Drivers with learner’s permits or junior licenses are prohibited from using interactive wireless communication devices while driving, even beyond texting. - School Bus Driver Cell Phone Ban – 75 Pa.C.S. § 1501(a.1)
School bus drivers are prohibited from using handheld mobile phones while operating a bus, reflecting heightened safety duties.
Even when texting cannot be proven, these statutes allow investigators and attorneys to show that a driver:
- Failed to exercise reasonable care
- Lost control due to inattention
- Violated traffic safety obligations
Together, they can form the legal foundation for proving negligence in distracted driving accident claims across Reading, Berks County, and throughout Pennsylvania.
“At Munley Law, our mission is simple: to provide all injury victims equal access to justice, even against the most powerful entities. For more than 65 years, we have been the voice for the injured, the forgotten, and those who need someone to stand beside them in their darkest hour.”
Marion Munley
What Causes Reading Distracted Driving Accidents?
There are three main types of distracted driving that can cause motor vehicle crashes. The three types are:
Visual Distractions From Drivers
This type of distraction involves anything that takes your eyes off the road. There are many examples of visual interruptions. However, the primary culprit is cell phone use while driving. This includes:
- Texting and driving
- Making phone calls
- Reading emails
- Browsing social media.
- Trying to navigate the GPS on your phone
Manual Distractions in Driving Accidents
These types of distractions occur when you take your hands off the wheel. Some of the most common examples of manual interruptions include:
- Eating and drinking while driving
- Adjusting the radio
- Adjusting the temperature controls
- Typing or texting
Cognitive Distractions Leading to Crashes
Cognitive distractions are anything that takes your mind off the task at hand – driving. These interruptions include:
- Being lost in thought
- Daydreaming
- Having a heated conversation that causes emotional stress
- Using a hands-free device
When a driver’s eyes, hands, and mind are off the road, it’s a recipe for disaster. A driver must be focused at all times; driver error occurs when those basic duties are ignored, leading to distracted-driver crashes
Common Injuries Sustained by Distracted Driving Car Accident Victims
Distracted driver crashes can lead to a wide array of how people can be injured, some of which can be severe and even life-altering. A victim’s injuries may include:
- Whiplash
- Chest and abdominal injuries
- Fractures and broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Burns
- Amputation
- Cuts, bruising, and lacerations
- Emotional trauma
These injuries highlight the importance of drivers staying focused on the road to ensure safety for all. If you suffered an injury due to the negligence of another driver, you may have grounds to file a personal injury lawsuit in Reading. Call the Munley Law firm today for a free consultation today.
How Our Reading Distracted Driving Accident Attorneys Determine Negligence
As you navigate the aftermath of a distracted driving accident, hiring an expert legal team is vital to your car accident lawsuit. A Munley Law auto accident lawyer will help ensure your rights are protected and help seek maximum compensation by:
- Gathering Evidence: We will gather various forms of evidence, including traffic surveillance footage, photographs from the crash scene, police reports, and witness testimonies.
- Cell Phone Records: If phone use was the suspected distraction, we can subpoena cell phone records to demonstrate that the driver was texting or on a call at the time of the accident.
- Expert Witnesses: We will enlist the help of experts, such as a reconstructionist who can recreate the incident using the available evidence and provide an informed opinion about the cause of the crash.
- Driver Admissions: Any statements the at-fault driver made admitting to being distracted can be powerful evidence.
- Demonstrating Negligence: A key part of our job is to establish the elements of negligence—that the driver had a duty of care, that they breached this duty by driving while distracted, that this breach caused the crash, and that the collision resulted in damages to the claimant.
By piecing together all this information, we will build a strong lawsuit showing that distracted driving led to the crash and the subsequent injuries or damages.
Damages for Injured Accident Victims
While there is no single estimate of how much you can recover in damages, our lawyers will make sure you secure the highest amount of compensation available. Damages for a distracted driving accident claim include:
- Lost wages
- Loss of future earning capacity
- Property damage
- Costs for current and future medical bills
- Pain and suffering
- Wrongful death
- Loss of consortium
Insurance Talks With Our Accident Lawyer
Your distracted driving accident lawyer will also negotiate with the distracted driver’s insurance company. Many times we achieve settlements that reflect the severity of the suffered injuries. However, when insurance companies fail to do the right thing, our Munley Law distracted driving accident attorneys have a proven track record as a law firm in Reading, PA.
Our dedicated approach ensures that distracted driving victims receive the comprehensive legal support they need to navigate this challenging time. Call today to speak with one of our Reading car accident lawyers who will fiercely pursue compensation for you and your family.
FAQs about Distracted Driving Cases in Reading, PA
What is Considered Distracted Driving under Pennsylvania law?
Distracted driving includes any activity that takes a driver’s attention away from the road, such as texting, using a phone, adjusting in-car technology, eating, or being mentally preoccupied. Pennsylvania specifically prohibits texting while driving, but other forms of distraction may still support a negligence claim.
Can I File a Claim if the Distracted Driver was not Cited by the Police?
Yes. Even when there is no traffic citation, you can still pursue a personal injury claim. Evidence such as witness statements, crash data, phone records, or video footage can still be used to show that distraction contributed to the accident.
How is Distracted Driving Proven in a Reading Car Accident Case?
Proof may come from multiple sources, including cell phone usage records, vehicle data, traffic cameras, eyewitness testimony, and expert accident reconstruction. Each case is evaluated based on the available evidence.
What if the Distracted Driver was Using a Hands-Free Device?
Hands-free use does not automatically deny a driver’s liability. If the driver’s attention was elsewhere and that distraction caused the crash, they may still be found negligent under the law.
How Long Do I Have to File a Distracted Driving Accident Lawsuit in Pennsylvania?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can prevent you from recovering compensation.
What Damages are Recoverable in a Distracted Driving Accident Case?
Compensation may include medical expenses, lost income, future earning capacity, property damage, pain and suffering, and other losses tied to the crash.
Does Comparative Negligence Apply in Distracted Driving Cases?
Yes. Pennsylvania follows a modified comparative negligence rule. You may still recover damages as long as you are not more than 50% at fault, though your compensation may be reduced by your percentage of responsibility.
Should I Speak with an Attorney before Talking to the Insurance Company?
It is often beneficial to consult a car accident attorney first. Insurance companies may seek statements that limit liability, while an attorney can help protect your rights and handle communications on your behalf.
Contact Our Reading Distracted Driving Accident Lawyers Today
The devastating consequences of distracted driving accidents extend far beyond damaged vehicles. Lives are forever changed in the seconds it takes to glance at a text message or adjust a radio station. Remember that no call, message, or notification is worth risking your safety or the safety of others sharing the road with you. By committing to distraction-free driving, properly securing passengers and items in your vehicle, and encouraging others to do the same, you can significantly reduce your risk of collisions.
If you’ve been injured in an accident caused by a distracted driver in Reading, know that you have legal options. Our experienced Reading car accident attorneys are here to help you understand your rights and pursue compensation. Contact Munley Law today to schedule a free consultation. There is no fee unless we win your case.
Marion Munley
Marion Munley has been practicing personal injury law for nearly 40 years. She is triple board-certified by the National Board of Trial Advocacy for Truck Accident Law, Civil Trial Law, and Civil Practice Advocacy. She currently serves as Vice President of the American Association for Justice, an organization dedicated to safeguarding victims’ rights. Marion has won many multimillion-dollar recoveries for her clients, including one of the largest trucking accident settlements in history. She has been named a Top 10 Super Lawyer in Pennsylvania since 2023, a Best Lawyer in America, and was recently inducted to the Lawdragon Hall of Fame.
