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PENNSYLVANIA DISTRACTED DRIVING ACCIDENT LAWYER

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This page has been written and edited by a team of experienced legal writers. This page was approved by Managing Partner, Michael Saile who has more than 20 years of legal experience as a personal injury attorney.

Last Modified: June 24, 2025

Distracted driving accidents seem to strike from out of the blue. One minute, you’re driving safely, and then suddenly, you’ve been seriously hurt by another person’s inattention to the road. If you’ve been injured by a distracted driver, you need help fast. At Cordisco & Saile LLC, we’re ready to fight for you, whether at the negotiating table or in the courtroom.

If you choose our Pennsylvania distracted driving lawyers to fight on your behalf, we don’t take your trust lightly. We’re proud to say that we’ve recovered millions of dollars for our injured clients in over 30 years of personal injury experience. We treat clients like our own family, and after a distracted driving accident, we want you to walk away with the justice and compensation you deserve.

Why Hire Our Team of Pennsylvania Distracted Driving Accident Attorneys?

It only takes a second of distraction on the road for an errant driver to completely turn your life upside-down. According to the National Highway Traffic Safety Administration, sending or reading a text takes a driver’s eyes off the road for approximately five seconds. That means that if they are driving 55 miles per hour, they would drive the length of an entire football field without looking.

Distracted driving accidents are dangerous and costly, and you could find yourself both seriously injured and left without a vehicle if your car is totaled in a crash. The aftermath of a distracted driving accident is a whirlwind that’s hard to deal with on your own. Instead of focusing on your recovery, you’ll likely find yourself arguing with an insurance adjuster about the damages you suffered. Don’t fight these battles alone—let a knowledgeable, experienced attorney fight them for you.

Our attorneys know our way around a distracted driving case, including when it comes to Pennsylvania’s tricky fault and insurance laws. We can help you with every aspect of your distracted driving accident claim from start to finish. Our passion is helping clients win the justice they deserve, and we want to help you after a crash.

What Can a Distracted Driving Lawyer Do for Me?

Having a Pennsylvania car accident attorney on your side takes the heavy lifting off your back, letting you take time to heal while a lawyer handles the difficult aspects of building a case. A skilled and knowledgeable attorney can do the following for you:

  • Investigate and collect evidence
  • Identify who’s liable
  • Calculate your damages
  • Handle communications with the opposition and insurance companies
  • Negotiate with the insurance company
  • File a lawsuit and litigate your case
  • Represent you in court proceedings, including a trial, if necessary

What Compensation Can I Receive for a Distracted Driving Accident?

If you are harmed in a distracted driving accident, you can generally pursue compensation for two types of damages for your car accident case: economic and non-economic.

Economic damages compensate you for the financial costs arising from your accident, including property damage, medical bills, lost wages, and lost earning capacity. Non-economic damages compensate you for the impacts on your life that are harder to quantify, such as pain and suffering, disfigurement, permanent disability, emotional distress, and loss of enjoyment of life.

A judge may also award punitive damages if the defendant behaved maliciously, wantonly, or with reckless disregard for others’ safety. Punitive damages don’t compensate you directly for your losses. Instead, they aim to punish the at-fault party and deter future misconduct.

Distracted Driving Accident Settlements for Our Clients

The compensation you can recover in a distracted driving settlement depends on many factors, such as the nature and extent of your injuries, the accident’s severity, the defendant’s level of culpability, and the strength of the evidence.

While no compensation is guaranteed, we work to maximize compensation for our clients. We’ve recovered millions in settlements and verdicts for clients injured in distracted driving accidents. These include:

  • $1.377 million for a Bucks County client injured by teen driver who was texting
  • $450,000 for a Bucks County motorcyclist injured when a delivery truck driver ran a red light
  • $285,000 for a client injured when a driver ran a red light and caused a T-bone collision

How Is Fault Determined in Distracted Driving Accidents in Pennsylvania?

Pennsylvania is a no-fault state for car accidents. Therefore, you must first file a claim under your own personal injury protection or PIP coverage after an accident, regardless of who is at fault. Pennsylvania law requires all drivers to have minimum PIP coverage, which covers medical expenses, lost wages, and certain other economic damages from an accident.

Once your PIP coverage is exhausted, you might be entitled to pursue damages from the at-fault party. However, the type of coverage you have selected will determine the types of damages you can pursue from the at-fault third party.

Pennsylvania requires drivers to select either full tort or limited tort coverage. Full tort allows you to recover all economic and non-economic damages from an at-fault driver.

On the other hand, limited tort restricts the types of damages you can pursue from the at-fault party after a crash. If you have limited tort insurance, you can generally recover economic damages, which include out-of-pocket losses such as medical bills and lost wages. However, you cannot recover pain and suffering or other non-economic damages in a lawsuit unless:

  • You were a pedestrian when you were injured.
  • You were a motorcyclist when you were injured.
  • A commercial vehicle has injured you.
  • A drunk driver caused the accident.
  • The vehicle driven by the at-fault driver is registered in a state other than Pennsylvania.
  • You suffered “death, serious impairment of bodily function, or permanent serious disfigurement” because of your injuries.

Distracted driving or negligence can be proven with many kinds of evidence, including witness statements, mobile phone records, video footage, crime scene photographs, and vehicle data. A police report can help identify available evidence.

The insurance company will launch its own investigation into your accident. They don’t have your best interests at heart and will likely try to shift blame to you to avoid paying your claim. A Pennsylvania distracted driving lawyer can investigate the accident on your behalf to obtain key evidence and counter the insurance company’s tactics. They will build the strongest case to pursue the full compensation you deserve.

Can I Still Sue if I Was Partially at Fault?

If you were also distracted when the accident occurred, you may be partially at fault. Under Pennsylvania’s comparative negligence law, you can recover compensation even if you are partially at fault for the accident.

While you cannot recover compensation if you are more than 50 percent to blame for the accident, you can recover damages if you are 50 percent or less at fault. However, your damages will be reduced in proportion to your share of the blame. For example, if the distracted driver was 70 percent responsible for the accident and you were 30 percent to blame, you can recover 70 percent of your damages.

What if the Other Driver Does Not Have Car Insurance?

Pennsylvania legally requires all drivers to carry minimum insurance coverage. However, despite the law, many Pennsylvania drivers remain uninsured.

Pennsylvania requires every insurer to offer uninsured motorist coverage or UM. However, it is not mandatory, and policyholders can reject the coverage. If an uninsured driver has caused your accident and you have purchased UM coverage, you can file a UM claim and pursue compensation for your losses.

Alternatively, you can file a lawsuit against the uninsured driver to recover damages. However, uninsured drivers often lack the assets from which to collect a judgment or settlement.

An experienced attorney can evaluate your case and explain your options after an uninsured motorist hits you.

Pennsylvania's Texting-While-Driving Laws

Texting while driving is illegal under Pennsylvania law. The law provides a single exception, allowing drivers to text law enforcement officials or other emergency service providers to prevent injury to persons or property. A violation is a summary offense punishable by a $50 fine.

Similarly, the law prohibits the use of “interactive mobile devices” while driving a motor vehicle. The measure defines using an interactive mobile device as the following:

  • Using at least one hand or another body to hold or support the device
  • Dialing or answering the device by pressing more than a single button
  • Reaching for a device in a way requiring a driver to maneuver so that they are no longer in a seated driving position, restrained by a seat belt

Pennsylvania Distracted Driving Accident Statistics

According to the Pennsylvania Department of Transportation, distracted driving was responsible for 9,011 crashes and 55 fatalities in 2023. PennDot has concluded that distracted driving is particularly common among younger drivers and drivers in school zones.

Our Pennsylvania distracted driving accident lawyers know the state laws covering distracted driving and how they apply to accidents. We have a long track record of handling these cases and holding those at fault accountable for our clients’ losses. If a distracted driver has harmed you, we’re ready to help.

Proudly Serving Pennsylvanians from Our Eight Locations

We’re not just your attorneys, we’re your neighbors. Growing up in Pennsylvania, we’ve built strong relationships with the local judges and courts, making us uniquely equipped to handle your case. Our services span from Bucks County and up to Lehigh Valley, ready to meet all your legal needs.

Get started towards your path for compensation by giving us a call at 215-642-2335.

We Handle Distracted Driving Accident Cases of All Types

Distracted driving accidents can involve many types of conduct on the road. The Pennsylvania Department of Transportation states that some of the most commonly seen causes of distracted driving accidents are the following:

  • Eating, drinking, or smoking
  • Adjusting the radio, CD player, or other music source
  • Texting, emailing, or talking on the phone
  • Interacting with other passengers in the vehicle
  • Searching for or moving an object in the vehicle
  • Reading or writing
  • Personal grooming, such as combing hair or applying makeup
  • Turning to look at a car accident or work zone while driving
  • Looking at people, objects, or events happening off of the roadway

We have handled distracted driving accident cases stemming from all these causes and more. Having seen the serious consequences of distracted driving firsthand, we take road safety very seriously. We handle distracted driving cases of all types throughout the state of Pennsylvania. We’re committed to making Pennsylvania roads safe for everyone, and every case we take on is important to us.

"After distracted driving accidents, not only are people in pain, but they're fearful. They don't know what to do next. At Cordisco and Saile, we know how to fight, we take cases to trial from beginning to end, and we never give up on our clients."

How Long Do I Have To File a Claim After a Distracted Driving Accident in Pennsylvania?

Pennsylvania’s statute of limitations for car accidents is two years from the date of injury. If you miss the deadline, you will lose your opportunity to sue for compensation.

Two years may seem like plenty of time to file a suit. However, it’s best not to wait too long after a distracted driving accident. Building a compelling case only gets more difficult the longer you wait. Gathering evidence and tracking down witnesses are easiest when you act sooner after the accident.

Therefore, it is critical to consult an experienced and knowledgeable car accident lawyer as soon as possible. We can help you file your claim on time and ensure you have the best shot at the compensation you deserve.

Get a FREE Case Review of Your Distracted Driving Accident Claim

If you’ve been injured in a distracted driving accident in Pennsylvania, you’re not alone. Cordisco & Saile has the knowledge, experience, resources, and compassion to fight for the justice you deserve after a distracted driving collision.

Call (215) 642-2335 or contact us through our website today for a free review of your distracted driving claim.

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Michael L. Saile, Jr.
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Real Stories. Real Results.

Smith N.

“I was in a serious accident in 2021. My injuries were new however they mimicked some of the injuries I received in a 2017 accident. After treating with 2 doctors, both who stated my injuries were permanent, I was recommended to Cordisco & Saile. My attorney, Steven DeBonis, was wonderful. He listened and guided me through the process. He worked endlessly to ensure I received a proper settlement. I am so grateful for his effort and kindness. I would highly recommend him to anyone who needed someone to fight for them. The staff was friendly, informative and helpful. They are the best legal team around. Thank you for all you have done.”

Nicole B.

I had a slip and fall on Saturday, December 21, 2024. I waited a few days before calling Barbara’s firm and when I decided to reach out, I left a message late at night on the 23rd. First thing Christmas Eve day, Barbara calls me to let me know. She received the message and wanted to chat about my fall. She was extremely professional, detailed the process, and what they would look for in terms of backup documentation, but also instilled a sense of safety and security because she was kind, compassionate and empathetic. She gave the distinct impression that my case would be well researched thoroughly but also be done ethically without having me jump through a whole lot of extra hoops. Five stars, would highly recommend.”

Ellyn S.

“I had a car accident in January 2019. I called Cordisco and Saile. Michael Saile Jr. worked with me along with his associate Steve, and para legal Michele. They treated me with kindness and respect. I had injuries to my neck and spine. I went through months of physical therapy. The person who t- boned my car had no license, registration or insurance, therefore Mr. Saile had to put together a lawsuit against my own insurance company. I had limited tort insurance but Mr. Saile and his people fought to get me the most money that I was entitled to from my insurance company. It took four years due to the pandemic but they kept at it until they reached the maximum. I cannot thank them enough. Everyone in their office worked very hard for me. I would highly recommend this firm to anyone who has had an accident, or any legal work.”

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