Distracted Driving Accident Attorney

Distracted driving remains one of the most preventable yet persistent dangers on Pennsylvania roads. When a driver takes their eyes off the road, hands off the wheel, or mind off the task of driving, the consequences can be catastrophic. These accidents often result in serious injuries or death, and victims deserve strong legal representation to hold negligent drivers accountable.

At Rubin, Glickman, Steinberg & Gifford, we represent individuals and families who have been harmed by distracted drivers throughout Montgomery and Bucks counties. Recognized as a Best Law Firm by U.S. News & World Report every year since 2010, our attorneys combine decades of personal injury experience with a proven track record of recovering millions of dollars for our clients. We understand the complexities of distracted driving cases and work tirelessly to secure the compensation our clients deserve.

Understanding Distracted Driving

Distracted driving encompasses any activity that diverts attention from the primary task of operating a vehicle safely. The Centers for Disease Control and Prevention categorizes distractions into three main types: visual distractions that take your eyes off the road, manual distractions that take your hands off the wheel, and cognitive distractions that take your mind off driving. Texting while driving is particularly dangerous because it combines all three types simultaneously.

Pennsylvania law addresses some forms of distracted driving through its ban on texting while driving, but many dangerous behaviors remain legal. Drivers continue to engage in activities such as eating, adjusting GPS systems, applying makeup, and conversing with passengers. According to the National Highway Traffic Safety Administration, distraction-affected crashes claimed 3,308 lives in 2022, and distracted driving remains a leading cause of motor vehicle accidents nationwide.

Common Types of Distracted Driving Behaviors

Pennsylvania roads see countless distracted driving incidents every day. Cell phone use remains the most prominent form of distraction, with drivers texting, making calls, checking social media, and using apps while behind the wheel. Even hands-free devices can create cognitive distractions that impair reaction times and decision-making abilities. Notably, Pennsylvania recently enacted Paul Miller’s Law, which became effective on June 5, 2025.  This new law bans using or holding mobile devices while driving, including when stopped at red lights or in traffic. Violations are a primary offense, resulting in a $50 fine. Drivers must use hands-free technology for calls, GPS, or music.

Other prevalent distractions include eating and drinking while driving, which requires drivers to take at least one hand off the wheel and often involves looking away from the road. Grooming activities such as applying makeup, shaving, or adjusting hair pose similar risks. Adjusting in-vehicle controls for climate, audio systems, or navigation devices also diverts attention at critical moments. Passengers, particularly young children, can create significant distractions that lead to accidents.

Proving Liability in Distracted Driving Cases

Establishing that a driver was distracted at the time of an accident requires a thorough investigation and compelling evidence. We work with accident reconstruction specialists who analyze crash scenes, vehicle damage patterns, and physical evidence to determine how the collision occurred. Cell phone records often provide crucial proof of texting or calling activity at the time of impact.

Witness testimony from other drivers, passengers, or pedestrians who observed the at-fault driver’s behavior before the crash can be invaluable. Dashboard cameras, traffic cameras, and nearby surveillance footage may capture the moments leading up to the collision. Police reports frequently contain officer observations about driver behavior and statements made at the scene. In some cases, the driver’s own admissions about what they were doing immediately before the accident become critical evidence.

Pennsylvania follows a modified comparative negligence rule, which means that if you are partially at fault for an accident, your recovery may be reduced by your percentage of fault. However, as long as you are not more than 50 percent responsible, you can still recover damages. We build strong cases that clearly establish the other driver’s distraction and negligence as the primary cause of your injuries.

Compensation Available in Distracted Driving Cases

Victims of distracted driving accidents may be entitled to substantial compensation for their losses. Economic damages cover quantifiable financial losses including medical expenses for emergency treatment, hospitalization, surgery, rehabilitation, and ongoing care. These cases often involve significant future medical costs that must be carefully calculated and included in settlement negotiations or trial presentations.

Lost wages compensate for time away from work during recovery, while lost earning capacity addresses permanent impairments that affect your ability to work in the future. Property damage to your vehicle and personal belongings is also recoverable. Non-economic damages address the subjective impacts of the accident, including physical pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement or disability.

In cases involving particularly egregious conduct, Pennsylvania courts may award punitive damages designed to punish the defendant and deter similar behavior. While Pennsylvania law requires that punitive damages bear a reasonable relationship to compensatory damages, these awards can significantly increase the total recovery in appropriate cases.

How We Build Strong Distracted Driving Cases

Our approach to motor vehicle accident cases begins with a comprehensive investigation conducted immediately after we take your case. We preserve critical evidence before it disappears, including obtaining cell phone records through legal subpoenas and securing video footage from all available sources. Our team photographs the accident scene, vehicle damage, and your injuries to create a compelling visual record.

We retain qualified experts who can testify about accident reconstruction, the physics of the collision, and the driver’s actions. Medical experts explain your injuries, treatment needs, and prognosis to insurance companies and juries. Economic experts calculate your future financial losses with precision. We handle all communications with insurance companies, protecting you from tactics designed to minimize your claim or trick you into making damaging statements.

Our attorneys prepare every case for trial while pursuing favorable settlement negotiations. Insurance companies know our reputation for thorough preparation and courtroom success, which strengthens our negotiating position. We never recommend accepting a settlement unless it fully compensates you for all your damages, both present and future.

Why Choose Rubin, Glickman, Steinberg & Gifford

Our firm brings over 65 years of combined legal experience to every case we handle. Marc Robert Steinberg and Gregory Gifford have been recognized as Pennsylvania Super Lawyers, placing them among the top 5 percent of attorneys in the Commonwealth. Marc Robert Steinberg was also named a Top 10 Criminal Defense Attorney in Pennsylvania and one of the Top 100 Lawyers in Philadelphia and Pennsylvania.

We have recovered substantial settlements and verdicts for car accident victims, including a $5 million settlement for a client who suffered a catastrophic brain injury, a $3.4 million resolution in a trucking accident case, and a $2.75 million settlement for a client with head injuries. These results demonstrate our ability to handle complex cases and secure maximum compensation for our clients.

Contact Rubin, Glickman, Steinberg & Gifford for Your Distracted Driving Case

If you or a loved one has been injured by a distracted driver, time is critical for preserving evidence and protecting your rights. We offer free initial consultations to discuss your case and explain your legal options. During this meeting, we will review the details of your accident, advise you of your rights, and outline how we would handle your case.

Our attorneys respond promptly to phone calls and emails because we understand the stress and uncertainty you face after a serious accident. We will fight aggressively to hold the distracted driver accountable and secure the full compensation you deserve. Contact our firm today to schedule your free consultation with a dedicated Pennsylvania personal injury attorney.