For almost seven decades, Munley Law’s Wilkes-Barre distracted driving accident lawyers have helped victims claim compensation for their losses and move on with their lives. Our lawyers have recovered more than $1 billion in damages and are willing to fight to ensure you receive justice, even if it means facing insurance companies or at-fault parties in court.
Numerous legal organizations and directories have recognized our board-certified attorneys’ expertise and achievements by awarding them or rating them highly. Among these are the American Association for Justice, the National Trial Lawyers Association, Lawdragon, Martindale-Hubbell, Best Lawyers, and Super Lawyers. Our lawyers will apply the same professionalism, dedication, and attention to detail that earned them these accolades to your case.
Contact Munley Law if you or a loved one has been injured in a distracted driving accident to schedule an initial consultation with one of our Wilkes-Barre car accident lawyers. We’re available 24 hours a day and work on a contingency basis. You’ll only pay a fee if we win your case.
The Definition of Distracted Driving in Wilkes-Barre, PA
The Centers for Disease Control and Prevention (CDC) considers anything that takes your attention away while driving to be a 
distraction. Any distraction can jeopardize you, your passengers, or fellow drivers you share the road with. Common distractions are:
- Talking on a cell phone
- Using a navigation system
- Eating while driving
- Talking to passengers in the car
- Adjusting the radio or temperature (choose to do so at a complete stop)
According to the National Safety Council’s analysis, the number of drivers using hand-held electronic devices has increased by 127%, from 1.5% in 2012 to 3.4% in 2021. Texting, tweeting, or checking messages creates a crash risk 23 times higher than driving while not distracted. Cell phone use is a prominent repeat offense when driving.
Contact a Wilkes-Barre Car Accident Lawyer at Munley Law
Call Us At 844-686-5397 Why Does Distracted Driving Cause Accidents?
Visual, manual, and cognitive attention are used when driving. If a driver’s brain is overloaded with exterior information other than what relates to the task of driving, their ability to process information can become compromised. According to the Pennsylvania Department of Transportation, distracted driving caused 9,687 car accidents in 2024, 43 of which were fatal.
Distracted commercial truck drivers can be especially dangerous on Pennsylvania roads. Learn more about working with a Wilkes-Barre truck accident lawyer if a large vehicle was involved. This, in turn, makes them more susceptible to failing to respond quickly to unforeseen hazards and ending up in a crash.
To drive with focus, you should use:
- Visual attention — Keep your eyes on the road
- Manual attention — Keep both hands on your wheel
- Cognitive attention — Keep your mind on the road
The way a driver reacts to unexpected dangers, like the behavior of other drivers, weather changes, construction areas, animals, or objects on the road, can often determine whether they have a near-miss or a collision. Pedestrians are especially vulnerable to distracted drivers – learn more about Wilkes-Barre pedestrian accident cases.
“Since 1959, we have secured over $1 billion in
compensation for our clients.”
Daniel W. Munley
What is the Most Common Type of Distracted Driving in Wilkes-Barre?
Using a cell phone while driving – particularly for texting – is one of the most common types of distracted driving in Wilkes-Barre. Texting while driving distracts the driver in multiple ways: visually, manually, and cognitively. The driver’s eyes are removed from the road to either read or send a text (visually), and their cognitive ability to drive safely becomes impaired.
Reading and typing require cognitive processing, and deciding what to type also requires mental decision-making. When a driver’s mental focus is diverted to a text, they are far less capable of making smart driving decisions during that moment (cognitive). Finally, texting while driving often requires manual distraction, as the driver takes their hand off the wheel to type a text (manual).
Due to the increased distracted driving incidents, Pennsylvania now considers it a crime for any driver to use a portable electronic device such as a cell phone or wearable technology to manually send, write, or read any type of written communication while a vehicle is in motion.
In 2016, Pennsylvania adopted Daniel’s Law, which was named after Daniel Gallatin, a volunteer firefighter and military veteran who was killed in a motorcycle accident in 2013 while texting while driving. Under 75 Pa. C.S.A. § 3316, a driver found guilty of causing:
- Serious bodily injury while texting will face a two-year jail sentence
- Fatal injuries while texting will face five years in jail
Another law, known as Paul Miller’s law, came into effect on June 5, 2025. This law, an amendment of Daniel’s law, bans the use of all handheld devices while driving.
Families who lose a loved one to distracted driving may be eligible to file wrongful death claims. Our Wilkes-Barre car accident lawyers will treat you with compassion and respect, listen to your story, investigate the accident, and guide you through every step of the legal process if you choose to file a wrongful death claim.
How a Distracted Driving Lawyer in Wilkes-Barre Can Help
If you or a loved one has been seriously injured in a car accident caused by a driver who was texting, you deserve experienced legal representation from a firm that understands the challenges you face because of your injuries – a firm that is committed to protecting your rights and obtaining the compensation you deserve. The distracted driving accident lawyers at Munley Law will help to show specific elements to recover damages from the defendant successfully:
- Duty — Display that the defendant owed you a duty of care as a fellow driver
- Breach of duty — Prove that the defendant breached this duty through negligent behavior.
- Causation — Validate that this breach resulted in a crash that caused your injuries
- Damages — Prove that you suffered economic and non-economic damages from your injuries
In Pennsylvania, there are three different types of compensation that may be awarded. These include:
- Economic damages such as medical bills
- Non-economic damages such as psychological trauma or loss of consortium
- Punitive damages if the judge believes gross negligence or willful malice was involved
Our lawyers will take the extent of your physical injuries, medical bills, rehabilitation needs, emotional pain and suffering, and future care needs into account when calculating how much compensation to fight for.
How Much Time Do You Have to File a Distracted Driving Accident Case in Wilkes-Barre, PA?
Like most other states, Pennsylvania has a relatively narrow statute of limitations for filing distracted driving accident or wrongful death cases. Under 42 Pa. C.S.A. § 5524(2), the limit is two years from the date of the accident.
If you wait too long to file a case, witnesses may struggle to remember what they saw, evidence may fade, be deleted, or go missing, or your lawyer may not have enough time for a thorough investigation. If you miss the deadline, you waive your right to seek compensation for your injuries. For these reasons, it’s best to contact Munley Law’s Wilkes-Barre distracted driving car accident lawyers as soon as possible after your or your loved one’s accident.
Why Choose a Car Accident Attorney From Munley Law?
The personal injury attorneys at Munley Law’s Wilkes-Barre offices have decades of experience representing car accident injury victims and have won numerous multimillion-dollar settlements and verdicts. $6.9 million and $4.4 million settlements are among these.
Our attorneys have earned the industry’s highest ratings (AV Preeminent) from Martindale-Hubbell. The National Trial Lawyers Association named J. Christopher Munley to the Top 25 Motor Vehicle Trial Lawyers list and named all our partners to the Top 100 Trial Lawyers in Pennsylvania list. All our partners have also been named to the Irish Legal 100 list, while Lawdragon named Marion Munley to its 500 Leading Lawyers in America list. Super Lawyers named her to the Top 10 Super Lawyers in Pennsylvania for the past three years. The organization also named her among the Top 100 Super Lawyers in Pennsylvania and the Top 50 Women Pennsylvania Super Lawyers. Marion, along with Daniel Munley, J. Christopher, and John Mulcahey, has board certifications in Civil Trial Law and Civil Trial Advocacy from the National Board of Trial Advocacy.
Munley Law is more than Pennsylvania’s best firm for distracted driving car accident cases. It’s also one of the most respected firms for vehicle and trucking accident cases in the U.S.
Talk To a Wilkes-Barre Car Accident Attorney at Munley Law
Frequently Asked Questions about Distracted Driving Accidents in Wilkes-Barre
Our lawyers regularly receive questions about distracted driving accidents in Wilkes-Barre. Here are those asked most frequently, along with helpful answers. Please contact us with your question if it’s not included below.
What Qualifies as Distracted Driving in Wilkes-Barre, PA?
In Wilkes-Barre, PA, any activity that diverts a driver’s attention away from operating a vehicle safely qualifies as distracted driving. According to the CDC, this can involve:
- Visual distractions (taking your eyes off the road)
- Manual distractions (removing your hands from the wheel)
- Cognitive distractions (thinking about something other than driving)
Some common examples include changing the radio, eating behind the wheel, talking to passengers, or texting. Even a brief distraction can significantly increase the risk of a collision.
Why Does Distracted Driving Cause So Many Accidents?
Distracted driving causes many accidents because it disturbs drivers’ visual, manual, and cognitive focus. All three types of focus are required for driving safely. When a driver engages in another activity, such as adjusting in-car controls or reading a text, their brain becomes overloaded. This slows reaction times and reduces awareness of surrounding hazards. In 2022, distracted driving led to 9,687 accidents in Pennsylvania, including 43 fatal accidents. Without full attention, drivers may fail to brake in time, drift from their lane, or misjudge traffic conditions, which can result in preventable collisions.
What is the Most Common Form of Distracted Driving in Wilkes-Barre?
Texting while driving is one of the most common – and most dangerous – forms of distracted driving in Wilkes-Barre. This form of distraction creates a perfect storm of visual, manual, and cognitive distractions. Due to the risks involved in texting while driving, Pennsylvania law prohibits using a portable electronic device to manually read, write, or send messages while driving. Under Daniel’s law, 75 Pa. C.S.A. § 3316, and the amendment known as Paul Miller’s law, drivers who cause a serious injury or fatality while using a handheld device while driving may face two to five years in jail, in addition to civil liability.
How Can a Munley Law Wilkes-Barre Distracted Driving Accident Lawyer Help My Case?
A Munley Law Wilkes-Barre distracted driving accident lawyer can help by proving the four elements of negligence to build the strongest case possible. These elements include:
- Duty of Care: The other driver had a legal responsibility to drive safely.
- Breach of Duty: They failed to meet their responsibility by driving while distracted.
- Causation: Their distraction directly caused the collision and your injuries.
- Damages: You suffered financial and non-financial losses as a result.
Your lawyer will gather evidence, negotiate with insurers, calculate your damages, and – if needed – fight for you in court. Munley Law can pursue economic, non-economic, and punitive damages, depending on the circumstances of the accident.
How Long Do I Have to File a Distracted Driving Accident Claim in Pennsylvania?
You have two years from the date of the accident to file a distracted driving accident claim in Pennsylvania, under 42 Pa. C.S.A. § 5524(2). If you miss this deadline, you lose your right to pursue compensation entirely. Evidence can fade quickly, so it’s important to contact a Wilkes-Barre distracted driving accident lawyer at Munley Law as soon as possible to preserve vital evidence and protect your claim.
Schedule a Consultation with Our Wilkes-Barre Distracted Driving Accident Lawyers
Don’t let the opportunity to pursue justice and claim the compensation you deserve after an accident involving a distracted driver slip through your fingers. Let the best Wilkes-Barre distracted driving accident lawyers fight on your behalf. Contact Munley Law today for a free consultation.
Daniel W. Munley
Daniel W. Munley is an award-winning personal-injury attorney and champion of plaintiffs’ rights. For decades he’s won multi-million verdicts and settlements and is recognized as a national leader in truck and rideshare litigation,including a record $26 million truck settlement in Northeastern Pennsylvania and a $20 million recovery in 2024 for life-altering commercial-vehicle injuries.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on January 22, 2026.
Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
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