Distracted driving is one of the most preventable causes of serious car accidents in Bensalem, Pennsylvania, and across Bucks County. When a driver looks away from the road, even for a few seconds, the consequences can be life-changing for everyone else on the road. If you or a family member were hurt in a crash caused by a distracted driver, you have legal rights, and a Philadelphia abogado de lesiones personales at MyPhillyLawyer can help you understand them. Our office serves clients throughout Bensalem and the greater Philadelphia region, and we are ready to talk with you about what happened.

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Distracted Driving Is a Serious and Growing Problem in Bensalem and Bucks County

Bensalem sits in Bucks County, one of Pennsylvania’s most traffic-heavy areas. Pennsylvania recorded over 10,000 distracted driving offenses between 2020 and 2024. That number tells only part of the story, because many distracted driving crashes go unreported or are attributed to other causes.

Bensalem’s roads make the problem worse. Street Road (Route 132) runs through the heart of town and sees enormous daily traffic volume near Neshaminy Mall, Parx Casino, and the I-95 interchange. According to the Delaware Valley Regional Planning Commission’s Regional High Injury Network data, the Street Road (PA 132) segment in Bensalem recorded 333 crashes, 3 deaths, and 13 major injuries over the study period. A driver glancing at a phone on that corridor can cause a catastrophic collision in seconds.

Court data shows that people in their 20s are the most common distracted driving offenders, and violations peak between 10 a.m. and noon. Distracted driving offenses in Pennsylvania can be issued for using headphones while driving, using a handheld mobile phone while driving a commercial vehicle, or texting while driving.

Distraction is not limited to phones. Eating, adjusting the radio, talking to passengers, and reaching for objects in the car all pull a driver’s attention off the road. Any of these behaviors, when they cause a crash, can give rise to a personal injury claim under Pennsylvania law.

If you were hit by a distracted driver near I-95, Bristol Pike, or anywhere else in Bensalem, the law gives you a path to compensation. The key is acting quickly to preserve evidence and protect your legal rights.

Las leyes de Pensilvania sobre la conducción distraída y lo que significan para tu caso

Pennsylvania has two separate laws that directly address distracted driving, and both matter to your personal injury claim.

Under 75 Pa.C.S. § 3316, which prohibits text-based communications, no driver shall operate a motor vehicle on a highway or trafficway in this Commonwealth while using an interactive mobile device to send, read, or write a text-based communication while the vehicle is in motion. This law has been in effect since 2012.

Pennsylvania added a second, broader law in 2024. Known as Paul Miller’s Law, 75 Pa.C.S. § 3316.1 makes it a summary offense for a driver to use an interactive mobile device while driving. Using the device means holding it with a hand or body part, dialing or answering by pressing more than a single button, or reaching for it in a way that takes the driver out of the belted, seated driving position.

With full law-enforcement citations and $50 fines in effect after the grace period ended June 5, 2026, Pennsylvania drivers now face direct traffic tickets for handheld phone use. Both laws are primary offenses, meaning an officer can pull a driver over for phone use alone, without needing another reason.

For your injury case, a citation under either statute is powerful evidence. When a driver violates 75 Pa.C.S. § 3316, that violation can establish negligence as a matter of law, which means you do not have to separately prove that texting while driving is unreasonable. The violation itself does that work. Even without a citation, cell phone records, surveillance footage, and eyewitness accounts can prove a driver was distracted at the moment of impact.

How Pennsylvania’s Comparative Negligence Law Affects Your Distracted Driving Claim

Pennsylvania follows a modified comparative negligence rule, which is found at 42 Pa.C.S. § 7102. This statute directly shapes how much compensation you can recover after a distracted driving accident.

Under § 7102, your own negligence will not bar you from recovering damages, as long as your share of fault does not exceed the combined fault of the defendant or defendants you are suing. In plain terms, you can still recover compensation if you were partly at fault, as long as you were not more than 50 percent responsible for the crash.

Your damages are reduced in proportion to your percentage of fault. So if a jury finds your total damages are $200,000 and assigns you 20 percent of the fault, you would recover $160,000. This is why it matters to build a strong, evidence-backed case from the start. The other driver’s insurance company will look for any reason to shift blame onto you, especially in busy, multi-lane areas like the Route 1 corridor or the US-13 stretch near Bensalem.

Pennsylvania also uses a several liability system for most cases. Under 42 Pa.C.S. § 7102(a.1), where recovery is allowed against more than one person and liability is attributed to more than one defendant, each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of that defendant’s liability to the total liability attributed to all defendants. However, a defendant who is found at least 60 percent at fault can be held jointly and severally liable for the full award.

These rules apply whether your crash happened at a red light on Street Road, in the Neshaminy Mall parking lot, or on I-95 near the Bensalem exits. An attorney can help you understand how fault may be allocated in your specific situation.

What Compensation Can You Recover After a Distracted Driving Accident in Bensalem?

Pennsylvania law allows injured victims to pursue several categories of compensation after a distracted driving crash. What you can recover depends partly on the tort option you chose when you bought your auto insurance policy.

Under 75 Pa.C.S. § 1705, Pennsylvania drivers choose between two tort options when they purchase a policy. Full tort gives you an unrestricted right to sue for all damages, including pain and suffering, after any accident. Limited tort allows you to recover medical expenses and other out-of-pocket costs, but limits your right to sue for pain and suffering unless your injuries meet the definition of “serious injury,” which includes significant impairment of a body function or permanent disfigurement.

If you chose full tort, or if your injuries qualify as serious under the limited tort threshold, you may be able to recover compensation for medical bills, future medical care, lost wages, loss of earning capacity, pain and suffering, and emotional distress. Injuries common in distracted driving crashes, including traumatic brain injuries, spinal cord damage, and severe fractures, frequently meet the serious injury threshold even under a limited tort policy.

In cases where a distracted driver caused a fatality, surviving family members may bring a wrongful death claim under 42 Pa.C.S. § 8301, which allows recovery of medical expenses, funeral costs, and economic losses suffered by the survivors. A survival action may also be pursued on behalf of the estate for damages the deceased person experienced before death.

Pennsylvania also requires auto insurers to provide minimum first-party medical benefits of $5,000 under 75 Pa.C.S. § 1711. These benefits pay for your medical treatment regardless of fault, and they are available immediately after a crash while your larger claim is being investigated.

Evidence That Proves a Driver Was Distracted in a Bensalem Crash

Proving distracted driving requires specific evidence. Insurance companies do not accept vague claims, and neither do juries. Building a strong case means gathering the right proof as quickly as possible after the crash.

Cell phone records are often the most direct evidence. These records show calls, texts, and data activity at the exact time of the collision. If a driver was scrolling social media, checking an app, or sending a message in the moments before impact, those records will show it. Obtaining them requires a formal legal request or subpoena, which is one reason having an attorney involved early makes a real difference.

Surveillance cameras are another critical resource in Bensalem. Cameras at Parx Casino, Neshaminy Mall, gas stations along Street Road, and traffic cameras near the I-95 interchange often capture crashes or the seconds leading up to them. That footage can be overwritten quickly, so it needs to be preserved right away.

Witness statements matter too. Bystanders who saw the driver looking at a phone, eating, or otherwise not paying attention can provide testimony that supports your account of what happened. The police report may also note suspected distracted driving, and any citation issued to the other driver becomes direct evidence in your civil claim.

Accident reconstruction experts can analyze the physical evidence, including skid marks, vehicle damage, and impact angles, to show that the driver failed to react in time. This type of analysis is especially useful in rear-end crashes and T-bone collisions, where a distracted driver typically shows no signs of braking before impact. The attorneys at MyPhillyLawyer work to gather and preserve all of this evidence on behalf of our clients. Call us at (215) 227-2727 to get started.

Why the Statute of Limitations Makes It Critical to Act Now

Pennsylvania sets a strict deadline for filing personal injury lawsuits. In most distracted driving cases, you have two years from the date of the accident to file a claim in court. Missing that deadline typically means losing your right to compensation entirely, no matter how serious your injuries are.

Two years may sound like a long time, but cases involving distracted driving require significant investigation. Cell phone records must be requested before carriers delete them. Surveillance footage disappears quickly. Witnesses move and memories fade. The sooner you contact an attorney, the better your chances of securing the evidence needed to prove your case.

There are limited exceptions to the two-year rule. If the injured person was a minor at the time of the crash, the clock may not start running until they turn 18. Claims involving government vehicles or government-owned roads, such as certain sections of I-95 or state-maintained highways through Bensalem, may require a notice of claim to be filed within a much shorter window, sometimes as little as six months. These exceptions are narrow and fact-specific, so do not assume they apply to your situation without speaking to an attorney first.

If a loved one died in a distracted driving crash, the wrongful death claim also carries a two-year deadline, running from the date of death rather than the date of the crash in some circumstances. Bucks County Court of Common Pleas, located in Doylestown, is where many of these cases are filed, and the procedural rules there require careful attention to timing and filing requirements.

Waiting to contact a lawyer is one of the most common mistakes accident victims make. Do not let time pressure you into accepting a low insurance settlement before you know the full extent of your injuries. Call MyPhillyLawyer at (215) 227-2727, or toll free at 866-352-4572, for a free consultation about your case. We serve clients in Bensalem, throughout Bucks County, and across the Philadelphia region.

FAQs About Bensalem PA Distracted Driving Accident Lawyers

¿Qué se considera conducción distraída según la legislación de Pensilvania?

Pennsylvania law recognizes several forms of distracted driving. Under 75 Pa.C.S. § 3316, texting, emailing, or reading any text-based communication while driving is illegal. Under 75 Pa.C.S. § 3316.1 (Paul Miller’s Law), holding or physically supporting a phone with any part of your body while driving is also prohibited, even at a red light. Beyond phones, distracted driving also includes eating, adjusting the radio, talking to passengers, grooming, or any other activity that takes a driver’s attention off the road. In a civil case, any of these behaviors can support a negligence claim if they contributed to your crash.

Can I still recover compensation if I had limited tort coverage?

Yes, in many cases. Pennsylvania’s limited tort option, established under 75 Pa.C.S. § 1705, restricts your right to sue for pain and suffering unless your injuries meet the definition of “serious injury,” which includes significant impairment of a body function, serious permanent disfigurement, or death. Injuries common in distracted driving crashes, such as traumatic brain injuries, spinal cord injuries, and severe fractures, often satisfy this threshold. An attorney can review your policy and your medical records to determine whether your injuries qualify for full compensation despite a limited tort election.

What if the police did not cite the other driver for distracted driving?

A citation helps, but it is not required to win your case. Officers at the scene often cannot confirm phone use without a direct admission or obvious evidence. Even without a citation, your attorney can subpoena the other driver’s cell phone records, obtain surveillance footage, interview witnesses, and work with accident reconstruction experts to establish that the driver was distracted. The absence of a traffic citation does not prevent you from proving negligence in a civil lawsuit.

¿Cuánto tiempo tengo para presentar una demanda por lesiones causadas por conducción distraída en Pensilvania?

In most cases, Pennsylvania gives you two years from the date of the accident to file a personal injury lawsuit. This deadline is set by the Pennsylvania statute of limitations for personal injury claims. Missing it almost always means losing your right to compensation. Some situations, such as crashes involving minors or government vehicles, may involve different deadlines. You should speak with an attorney as soon as possible after your accident to make sure your claim is protected and evidence is preserved before it disappears.

What should I do immediately after a distracted driving accident in Bensalem?

Call 911 and make sure a police report is filed. Get medical attention right away, even if you feel fine, because some serious injuries do not show symptoms immediately. If it is safe to do so, note whether the other driver had a phone visible or appeared distracted, and tell the responding officer. Take photos of the vehicles, the scene, and any visible injuries. Get contact information from witnesses. Do not give a recorded statement to the other driver’s insurance company before speaking with an attorney. Then contact MyPhillyLawyer at (215) 227-2727 so we can begin preserving evidence and advising you on your rights.

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