Billions Recovered Since 1969 | Serving Philadelphia for Over 50 Years | No Fee Unless You Win
Another driver looked at their phone instead of the road, and now you are the one dealing with the consequences: injuries, costly medical bills, missed work, and the frustration of knowing this crash never had to happen. You have every right to feel angry and frustrated about that.
At the Rothenberg Law Firm, LLP, our Philadelphia distracted driving accident lawyers have seen all too often the devastation families face after being hit by a driver who was not paying attention to the road. On congested roads like Roosevelt Boulevard, the Schuylkill Expressway, and I-95 through South Philadelphia, even a few seconds of inattention can cause a devastating collision.
If you have been left paying the price for someone else's carelessness, call the Rothenberg Law Firm today. Our commitment to you is to fight for the compensation and resources you need to make the best possible recovery.
Contact us at (800) 624-8888 or through our online contact form for a free consultation.
Visit our Philadelphia office: 1420 Walnut St, Philadelphia, PA 19102 | (215) 330-6551
Your rights matter, and we are here to fight for them
What Does It Take to Hold a Distracted Driver Accountable in Philadelphia?
You can file a civil lawsuit against a distracted driver in Pennsylvania if their carelessness caused your injuries. A driver who texts, scrolls, eats, or takes their attention off the road has breached the basic duty of care that every motorist owes to everyone else on the road.
Your civil claim is separate from any traffic citation the distracted driver receives. Even if the driver is not ticketed, you may still have a strong case. What matters in a civil claim is whether the driver's negligence caused the crash and your injuries. Drivers who fail to avoid distracted driving can be held civilly liable regardless of whether law enforcement issued a citation at the scene.
Why Choose the Rothenberg Law Firm for Your Philadelphia Distracted Driving Accident Claim?
Allen L. Rothenberg, Esq., started the Rothenberg Law Firm in Philadelphia in 1969 with a simple belief: every client deserves to be treated like family. His wife, Barbara Rothenberg, Esq., joined the firm in 1978 and today leads its Philadelphia office. Seven of their children now practice law alongside them, carrying that same principle forward.
Over more than five decades, Allen and his legal team have recovered billions of dollars for injured clients, including a record-breaking judgment exceeding $2 billion. Our case results speak to the dedication we bring to every case we take on.
Billions Recovered for Injured Clients
We bring decades of experience to every distracted driving accident claim we handle. Some of our auto-related settlements and awards include:
- $18 million for a traumatic brain injury caused by an auto defect
- $1.5 million for a driver injured in a rear-end collision
- $1.4 million for multiple surgeries following a crash
- $1.25 million for spinal injury suffered in a car accident
- $1.21 million for neck injury sustained in a car accident
- $1.08 million for leg and arm fractures in an automobile accident
While these results do not guarantee outcomes, they reflect the level of fight we bring to every case.
Trial-Ready Legal Representation
We prepare every case as though it is going to court. Insurance companies settle for more when they know your personal injury attorney is ready to take them to trial. Our lawyers have tried cases in the Philadelphia Court of Common Pleas and courtrooms across Philadelphia County.
Client-Centered Care That Goes Beyond Legal Work
A serious accident disrupts more than your health. It disrupts your income, your family routine, and your sense of security. Our team connects clients with medical professionals, therapists, and other support so that the legal process is not the only thing helping you recover.
Nationally Recognized for Excellence
Our work has earned recognition from organizations, including:
- Super Lawyers Selected Attorneys
- Best Lawyers Recognized Attorneys
- AV Preeminent Attorney Rating (Martindale-Hubbell)
- Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum
- National Trial Lawyers Recognition
- Top 1% of U.S. Lawyers (Litigator Awards)
- Client Champion Awards and Avvo Client's Choice Award
No Fee Unless We Win
You pay nothing up front and nothing out of pocket. Our contingency fee arrangement means we only get paid if we recover compensation for you.
Have questions about your distracted driving accident claim? Contact us at (800) 624-8888 or through our online contact form for a free consultation.
Visit our Philadelphia office: 1420 Walnut St, Philadelphia, PA 19102 | (215) 330-6551
How Does Pennsylvania's New Hands-Free Law Strengthen Your Distracted Driving Claim?
Pennsylvania's hands-free driving law, known as Paul Miller's Law (Act 18 of 2024), took effect on June 5, 2025. It bans all handheld device use while driving, including calls, texting, scrolling, and checking social media. The ban applies even when a vehicle is stopped at a red light or sitting in traffic.
Before this law, Pennsylvania only prohibited texting while driving. Now, holding a phone for any reason behind the wheel is a primary offense. Citations carrying a $50 fine began on June 6, 2026.
This law matters for your civil claim because a driver who violated it at the time of your crash now has a documented legal violation working against them. Our Philadelphia distracted driving lawyers use this violation, along with other evidence, to build a stronger case for compensation. A phone in the driver's hand at the moment of impact tells a story that is difficult for an insurance company to dispute.
Who Pays Your Medical Bills After a Distracted Driving Accident in Pennsylvania?
Pennsylvania's no-fault insurance system means your own auto insurance may pay certain medical expenses and other first-party benefits after a crash, regardless of who caused it.
However, those benefits may not cover all your losses. If a distracted driver caused your injuries, you may also have the right to pursue compensation from the at-fault driver for damages such as pain and suffering, lost income, and future medical expenses.
Your ability to recover certain damages may depend on whether you carry limited tort or full tort coverage. Our Philadelphia distracted driving accident lawyers can review your insurance coverage, explain your options, and pursue every available source of compensation.
How Do Lawyers Prove Distracted Driving After a Philadelphia Car Accident?
Proving distracted driving requires more than simply saying the other driver was on their phone. Your car accident attorney gathers evidence from multiple sources to build a case that holds up against insurance company pushback.
Types of evidence used in distracted driving claims often include:
- Cell phone records: Call logs, text message timestamps, and app usage data can show whether the driver was actively using their phone at the time of the crash
- Witness testimony: Other drivers, passengers, and pedestrians who saw the driver looking down or holding a phone before the collision
- Surveillance footage: Traffic cameras, business security cameras, and dashcam video from nearby vehicles near intersections along Broad Street, City Avenue, or in Center City
- Police reports: Officers often note signs of distraction in their crash reports, including phone position and driver behavior at the scene
- Crash reconstruction: Skid mark patterns, impact angles, and the absence of braking can indicate a driver who was not watching the road
- Electronic data from the vehicle: Some newer vehicles record data about speed, braking, and steering inputs in the seconds before a collision
Evidence like surveillance footage and cell phone data can disappear quickly. Our lawyers move fast to preserve these records before they are overwritten, deleted, or lost. Early legal action protects the foundation of your entire claim.
Ask the Rothenberg Law Firm About Distracted Driving Accidents in Philadelphia
Q: Can I sue a distracted driver in Philadelphia even if they were not ticketed?
A: Yes, you can file a civil claim against a distracted driver even if they did not receive a traffic citation. A civil lawsuit uses a different standard than a traffic violation. Your attorney needs to show that the driver's distraction caused the crash and your injuries, which can be proven through cell phone records, witness testimony, and other evidence.
Q: Does Pennsylvania's hands-free law help my accident claim?
A: Yes, Paul Miller's Law strengthens your claim if the other driver was holding a phone at the time of the crash. A violation of the hands-free law is evidence of negligence that your attorney can use to support your case for compensation.
Q: Can I recover compensation if the distracted driver's insurance offers a low settlement?
A: Yes, you are not required to accept the first offer from an insurance company. Our lawyers negotiate aggressively and prepare every case for trial if the insurer refuses to offer fair compensation. A low initial offer does not reflect the true value of your claim.
Q: How long do I have to file a distracted driving accident claim in Philadelphia?
A: Pennsylvania's statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. However, evidence like cell phone records and surveillance footage can be lost quickly, so reaching out to a lawyer early protects your claim.
What Types of Distracted Driving Cause Accidents in Philadelphia?
Distracted driving falls into three categories: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off the task of driving). Many common distractions involve all three at once.
Texting and Scrolling on a Phone
Texting is one of the most dangerous forms of distraction because it requires a driver's eyes, hands, and attention simultaneously. Checking social media, reading emails, and browsing the internet carry the same risks.
Talking on a Handheld Phone
Even a phone conversation can pull a driver's focus away from changing traffic conditions on roads like I-76, Kelly Drive, or Lincoln Drive.
GPS and In-Car Screens
Entering an address or adjusting a navigation app while driving diverts a driver's eyes from the road. Courts have found drivers liable for crashes caused by GPS use during driving.
Eating, Drinking, and Grooming
Reaching for food, adjusting a mirror, or applying makeup may seem minor, but at highway speeds, a few seconds of inattention covers the length of a football field.
Passengers and Rear-Seat Distractions
Turning to talk to passengers or attending to children in the back seat causes a significant number of crashes, particularly in stop-and-go traffic in neighborhoods like Northeast Philadelphia and along Roosevelt Boulevard.
Each type of distraction creates a basis for a negligence claim. Our attorneys identify the specific behavior that caused your crash and connect it to the injuries you suffered.
What Types of Crashes Do Distracted Drivers Cause in Philadelphia?
Distracted drivers can cause several types of serious collisions. The type of crash often helps show how the distraction happened and what evidence may prove fault.
Rear-end collisions are common when a driver looks down at a phone and fails to notice stopped or slowed traffic. T-bone crashes often happen at intersections when a distracted driver runs a red light or stop sign. Multi-vehicle crashes can occur when one careless driver causes a chain reaction on I-95, Roosevelt Boulevard, or the Schuylkill Expressway.
Distracted driving can also seriously injure pedestrians and cyclists. A driver who is texting, scrolling, or using GPS may fail to see someone in a crosswalk, bike lane, or intersection until it is too late.
Our distracted driving accident attorneys investigate the crash pattern, vehicle damage, police report, witness statements, and available video footage to show how the distracted driver caused the collision.
What Compensation Can You Recover After a Distracted Driving Accident in Pennsylvania?
A successful distracted driving accident claim can recover compensation for both the financial costs you can measure and the personal harm that is harder to put a dollar amount on.
| Economic Damages | Non-Economic Damages |
|---|---|
| Emergency room and hospital bills | Physical pain and discomfort |
| Surgery and rehabilitation costs | Emotional distress and anxiety |
| Lost wages and missed work | Loss of enjoyment of daily life |
| Future medical treatment | Scarring or disfigurement |
| Prescription and therapy costs | Strain on family relationships |
| Vehicle repair or replacement | Mental anguish related to the crash |
Pennsylvania does not cap economic or non-economic damages in distracted driving cases. The total value of your claim depends on the severity of your injuries, the length of your recovery, the impact on your ability to work, and the strength of the evidence linking the other driver's distraction to the crash.
If your injuries required treatment at Temple University Hospital, Jefferson Hospital, Penn Medicine, or another facility, our lawyers work directly with your medical providers to document the full scope of your care, including treatment you may need in the future.
Frequently Asked Questions About Distracted Driving Accident Claims in Pennsylvania
Can passengers injured by a distracted driver file their own claim?
Yes, passengers who are hurt in a distracted driving accident can file their own injury claim against the at-fault driver. Passengers were not driving and bear no fault for the crash, which often makes their claims straightforward from a liability standpoint.
What if the distracted driver who hit me was driving a commercial truck?
Distracted driving by a commercial truck driver may create liability for both the driver and the trucking company. Federal Motor Carrier Safety Administration (FMCSA) regulations prohibit commercial drivers from using handheld devices, and a violation of those rules strengthens your claim significantly.
Can I recover compensation if I was partly at fault for a distracted driving accident?
A: Yes, Pennsylvania's comparative fault rule allows you to recover compensation as long as your share of fault is below 51%. Your total award is reduced by your percentage of fault. For example, if you are found 20% at fault, your recovery would be reduced by 20%. Insurance companies routinely exploit this rule to try to unload some of their liability onto the injured driver.
What if the distracted driver who hit me has limited insurance?
If the at-fault driver's policy limits are not enough to cover your losses, your own underinsured motorist (UIM) coverage may help close the gap. Our lawyers review every available insurance policy to identify the full range of coverage that applies to your claim.
Does Pennsylvania no-fault insurance apply after a distracted driving accident?
Yes. Your own auto insurance may pay first-party benefits after a crash, even when another driver was distracted. These benefits may cover medical bills and some wage losses, depending on your policy.
Can I sue a distracted driver if I chose limited tort coverage?
Possibly. Limited tort may restrict pain and suffering claims, but exceptions may apply if you suffered a serious injury or if another legal exception fits your case.
What if a distracted driver hit me while I was walking or biking?
You may still have a claim against the driver. Pedestrians and cyclists often suffer serious injuries in distracted driving crashes because they have little protection from impact.
Can my family file a claim if distracted driving caused a fatal accident?
Yes. Certain family members may be able to bring a wrongful death claim when a distracted driver causes a fatal crash. The claim may seek compensation for funeral costs, lost financial support, and other losses.
Talk to a Philadelphia Distracted Driving Accident Lawyer About Your Claim Today
A careless driver chose their phone over the safety of everyone around them, and you are paying the price for that choice. Our lawyers at the Rothenberg Law Firm have spent over 50 years in Philadelphia standing up for people in exactly your situation. We are ready to take this on for you.
Contact us at (800) 624-8888 or through our contact form for a free consultation. We charge no fee unless we win.
Visit our Philadelphia office: 1420 Walnut St, Philadelphia, PA 19102 | (215) 330-6551