The Law Of Cell Phone Use In Pennsylvania

If you have been injured in any type of accident and require legal assistance in determining whether you have a valid cause of action for personal injury, contact Powell Law. A Powell Law attorney experienced in litigating personal injury lawsuits involving all types of motor vehicle and motorcycle accidents may provide invaluable assistance to anyone involved in an accident that causes unfortunate injuries and other losses.

The Law Of Cell Phone Use In PennsylvaniaA Pennsylvania law enacted in 2012 prohibits the use of a cell phone while driving to send or receive texts, emails, or messages of any kind. This law prohibits the use of an Interactive Wireless Communication Device (IWCD) “to send, read or write a text-based message.” Violators are subject to receiving a $50 fine. This violation does not count for any points on a Pennsylvania driver’s license.

While it is illegal to text while driving in Pennsylvania, it is not illegal to make phone calls while driving in Pennsylvania. But, this soon may change. Last summer, House Bill 1684 was introduced in the Pennsylvania legislature prohibiting anyone age 18 and older from talking on a cell phone while driving, unless the phone is a hands-free device.

The Bill would also prohibit drivers under age 18 from talking on a cell phone under any circumstance or using any equipment, even a hands-free device. A violation would result in three points on a driver’s license and a fine of $50 for the first offense, and $100 for each subsequent offense. The bill also states that anyone holding a cell phone “to or in the immediate proximity of the operator’s ear” while driving “is presumed to be engaging in a call …”

Daniel’s Law adds the following to 75 Pa. Cons. Stat. § 3732(b)(1.1):

“In addition to any other penalty provided by law, a person convicted of [vehicular homicide] as the result of a violation of [Pennsylvania’s statute against texting while driving]… who is [also] convicted of [texting while driving]… may be sentenced to an additional term not to exceed five years’ confinement when the violation resulted in death.”

Pursuant to Daniel’s Law, texting while driving may add up to five years to a prison sentence for vehicular homicide if a person is killed as a result of negligence caused by texting.

If you must make or receive a phone call while driving, pull off the road or use a hands-free device. It is also vital that you never participate in emotionally charged conversations, since these types of interactions may be extremely distracting.

Accurately establishing all of the elements of a cause of action for personal injuries requires the experience of the personal injury attorneys at Powell Law. If you or a loved one has suffered any type of injury resulting from a motorcycle or motor vehicle accident, contact Powell Law Our decades of experience make it the clear and obvious choice for representation in personal injury matters in the Scranton/Wilkes-Barre and surrounding areas. Contact Powell Law at (570) 961-0777. The consultation is FREE and you don’t pay unless we win!


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