NEW CASTLE, PA - Distracted driving caused more than 11,000 crashes in Pennsylvania in 2023, resulting in 65 deaths and 409 serious injuries. New Castle distracted driving accident attorney Lawrence M. Kelly of Luxenberg Garbett Kelly & George P.C. (https://www.lgkg.com/car-accidents/distracted-driving/) outlines how Pennsylvania's new Paul Miller's Law strengthens enforcement and how injured victims can prove fault in these cases.
According to New Castle distracted driving accident attorney Lawrence M. Kelly, Pennsylvania's Paul Miller's Law took effect June 5, 2025, making handheld device use while driving a primary offense. Law enforcement can now stop and cite drivers for this violation alone without needing to observe another traffic offense first. "The law represents a major shift in how Pennsylvania addresses distracted driving," Kelly explains. "Drivers cannot hold a phone to make calls, send texts, or browse the internet while driving, including when temporarily stopped at red lights or in traffic."
New Castle distracted driving accident attorney Lawrence M. Kelly emphasizes that violations during the first 12 months result in written warnings, but beginning June 5, 2026, penalties include a $50 fine plus court costs. The National Highway Traffic Safety Administration reports that distracted driving killed 3,275 people nationwide in 2023. Pennsylvania alone sees over 11,000 distracted driving crashes annually, demonstrating the scope and foreseeability of the risk.
Kelly notes that proving distracted driving requires a thorough investigation and multiple types of evidence. Cell phone records create an electronic trail of the driver's phone activity at the exact time of the crash, showing incoming and outgoing calls, text messages, and data usage. "When phone activity occurs within seconds of a crash, it provides compelling proof that the driver was distracted," Kelly adds. "However, phone records aren't automatically available; your attorney must request them from the phone carrier, which typically requires a subpoena."
Police reports document investigating officers' observations at the scene, including whether they observed a phone in the driver's hand or if witnesses reported seeing the driver on their phone. Traffic camera footage and surveillance video from nearby businesses can capture moments before impact. Dashcam video from vehicles provides objective visual evidence showing the other driver's head position, hand movements, and lack of attention to road conditions.
"Event data recorders installed in most modern vehicles record speed, braking, steering, and acceleration in the seconds before a crash," Kelly observes. "If the data shows the driver never hit the brakes or made evasive maneuvers, it suggests they were too distracted to perceive the danger."
Pennsylvania law allows injured victims to recover both economic and non-economic damages. Economic damages include medical expenses, lost wages, property damage, and out-of-pocket costs. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and scarring. Pennsylvania has no damage caps for most car accident cases, and victims can still recover compensation even if partially at fault, as long as they were less than 51% responsible.
Pennsylvania's statute of limitations gives injured victims two years from the date of the accident to file a personal injury lawsuit. Missing this deadline typically means losing the right to compensation, regardless of how strong the case may be. "Starting the legal process early provides multiple advantages," Kelly advises. "Evidence preservation becomes easier when memories are fresh and physical evidence hasn't been destroyed."
For those injured in distracted driving accidents throughout Lawrence County and Western Pennsylvania, contacting an experienced personal injury attorney may help protect legal rights and maximize compensation.
About Luxenberg Garbett Kelly & George P.C.:
Luxenberg Garbett Kelly & George P.C. is a New Castle-based law firm dedicated to personal injury representation with a focus on car accidents and distracted driving cases. Led by attorneys Lawrence M. Kelly and Joseph A. George, the firm represents injured clients throughout Lawrence County, Allegheny County, Butler County, and Western Pennsylvania. For consultations, call (724) 658-8535.
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Email: lmkelly@lgkg.com
Website: https://www.lgkg.com/
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Company Name: Luxenberg Garbett Kelly & George P.C.
Contact Person: Lauren Kelly Gielarowski
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Phone: (724) 658-8535
Address:315 N Mercer St
City: New Castle
State: Pennsylvania 16101
Country: United States
Website: https://www.lgkg.com/
