Texting while driving has been banned in Pennsylvania since 2012; however, a new law that went into effect on June 5, 2025 effectively bans all cell phone use of any kind while driving in Pennsylvania.
Paul Miller’s Law
The law — known as “Paul Miller’s Law” — makes all kinds of cell phone use illegal for those holding a phone while driving on PA roadways. Examples include holding your phone to:
-
-
- do calls,
- emails,
- texts,
- browsing the internet or,
- taking pictures or videos while you are driving.
-
This prohibition even applies when you are stopped at a red light or in a traffic jam.
It does appear, however, that a hands-free bluetooth system can be used to make calls as long as one uses the buttons on the steering wheel and the dash, apart from pushing buttons on a cell phone.
Criminal Consequences
Under the wording of law, the penalty will be a written warning, temporarily. Then, starting June 5, 2026, the penalty will be a summary offense with a $50 fine, plus court costs and other fees, but no points. Nor is a violation recorded on the driver’s record for noncommercial drivers (for commercial driver’s, it’s a non-sanction violation).
Moreover, tor those convicted with both vehicular homicide and driving while distracted, they may face an additional five years in prison sentence.
Under certain exceptions noted in the law, a driver may use a cell phone for emergency purposes. A driver may also use a mobile device if they pull off to the side of the road and stop where a vehicle may safely remain in a stopped position.
Civil Implications
Paul Miller’s law can help those injured on the roadways prove a claim for negligence. The law treats the violation of a rule to promote safety as “negligence per se.”
Negligence per se is a legal term meaning negligence “in itself” or inherently. The defendant is considered negligent if they violate a statute or regulation designed to protect individuals like the plaintiff from the harm they experienced. This violation is considered proof of a breach of duty.
Otherwise, proving breach of duty can be tricky. The injured party must show the defendant disregarded “safety,” which can be debatable. But negligence per se ends the debate.
So for example, let’s say you suffer a roadway injury when another driver fails to yield the right of way. You order the metadata from his phone and it fails to reveal any proof of “texting” at the time of the accident. Rather, he had only been using the phone for driving directions. Prior to Paul Miller’s law, the Defendant’s cell phone usage here would fall short of negligence per se. But after, negligence per se would apply, even in the absence of actual texting. This applies whether you had elected “limited tort” or full tort, as explained here.
Let’s Get Started!
Contact us today for a free consultation about any civil claim relating to negligence in PA.
New Number: 412.342.0992
