Pittsburgh
Distracted Driving Accident Lawyer

Distracted driving accidents are often entirely preventable, yet they can leave victims with serious injuries, financial stress, and lasting challenges.

Our Pittsburgh distracted driving accident attorneys at Ogg, Murphy & Perkosky, P.C., are ready to help you pursue justice and seek full compensation for your losses.

Contact us today for a free case evaluation, you pay no attorney fees unless we recover compensation for you.

What Is Considered Distracted Driving?

Distracted driving is any activity that takes a driver’s attention away from safely operating a vehicle. While cell phone use is often the first thing people think of, many different distractions can increase the risk of a crash.

Distractions generally fall into three categories:

  • Visual Distractions: Anything that causes a driver to take their eyes off the road, such as reading a text message, checking a navigation system, or looking for an item inside the vehicle.
  • Manual Distractions: Activities that require a driver to remove one or both hands from the steering wheel, including eating, adjusting controls, or holding a mobile phone.
  • Cognitive Distractions: Even when a driver’s eyes remain on the road, their attention may be focused elsewhere. Conversations, fatigue, emotional stress, or other mental distractions can reduce reaction time and awareness.

Many distracted driving accidents involve more than one type of distraction at the same time.

How Distracted Driving Can Affect Liability

Drivers have a responsibility to operate their vehicles with reasonable care. When a driver allows their attention to shift away from the road and causes an accident, they may be held responsible for the injuries and damages that result.

Liability depends on the facts of each case. Evidence such as witness statements, surveillance footage, police reports, and electronic records may help determine whether distraction contributed to the collision.

Depending on the circumstances, responsibility may extend beyond the individual driver. For example, an employer may also be liable if the driver was acting within the scope of employment at the time of the crash.

Pennsylvania Distracted Driving Laws

Pennsylvania has enacted laws intended to reduce crashes caused by distracted driving.

Under 75 Pa. C.S. § 3316, drivers are prohibited from using an interactive wireless communication device to send, read, or write text-based communications while operating a vehicle.

Pennsylvania has also enacted Paul Miller’s Law, codified at 75 Pa. C.S. § 3316.1, which generally prohibits drivers from holding or supporting an interactive mobile device while driving.

Depending on the circumstances, evidence that a driver violated these laws may become relevant during a personal injury claim, although every case depends on its own facts.

What Compensation May Be Available?

If you were injured in a car accident caused by someone else’s negligence, Pennsylvania law may allow you to pursue compensation. Understanding your rights early can help you make informed decisions throughout the claims process.

Your Insurance Policy May Affect Your Claim

If another driver’s distraction caused your injuries, you may be able to pursue compensation for both the financial and personal impact of the accident.

Depending on the circumstances, compensation may include:

  • Medical expenses
  • Future medical care
  • Rehabilitation costs
  • Lost wages
  • Reduced earning capacity
  • Pain and suffering
  • Property damage
  • Other losses recognized under Pennsylvania law

The amount available depends on many factors, including the severity of your injuries, the available insurance coverage, and the evidence supporting your claim.

How We Handle Distracted Driving Claims

Building a distracted driving claim often requires more than showing that a collision occurred. In many cases, the focus is on gathering evidence that helps explain why the crash happened and whether the other driver’s attention was diverted from the road.

  • Step 1: Schedule a Free Case Evaluation We begin by discussing the accident, reviewing the available information, and answering your questions. During your consultation, we’ll explain your legal options and what to expect throughout the claims process.
  • Step 2: Investigate the Crash A distracted driving claim starts with understanding how the collision occurred. We review police reports, photographs, surveillance footage, witness statements, and other available evidence to build a clear picture of the events leading up to the crash.
  • Step 3: Identify Evidence of Driver Distraction One of the most important parts of these cases is determining whether the other driver was distracted immediately before the collision. Depending on the circumstances, this may involve reviewing electronic records, video footage, vehicle data, or other evidence that helps establish what happened.
  • Step 4: Gather Medical Records and Documentation Medical records, treatment history, employment information, and other documentation help demonstrate how the accident affected your health, finances, and daily life. This information is an important part of evaluating the value of your claim.
  • Step 5: Communicate With Insurance Companies Once you hire our firm, we handle communications with insurance companies and other parties involved in the claim. This allows you to focus on your recovery while we manage the legal process.
  • Step 6: Pursue Compensation Through Settlement or Trial Many distracted driving claims are resolved through settlement negotiations. If a fair resolution cannot be reached, we are prepared to pursue the claim through litigation when appropriate.

We handle distracted driving accident cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you.

Types of Distracted Driving Cases We Handle

Distracted driving can involve many different behaviors, not just texting while driving.

Our firm represents individuals injured in accidents involving a variety of distractions, including:

  • Texting while driving
  • Handheld phone use
  • GPS or navigation distractions
  • Eating or drinking while driving
  • Adjusting in-vehicle controls

If another driver’s distraction contributed to your injuries, you may have legal options regardless of the specific cause of the distraction.

Why Acting Quickly Matters

Evidence in distracted driving cases may not remain available indefinitely. Electronic records, surveillance footage, and other information may be deleted or overwritten if they are not preserved promptly.

Seeking legal guidance soon after an accident can help identify potential sources of evidence, preserve important records when possible, and ensure applicable legal deadlines are met.

Early action also provides an opportunity to begin documenting your injuries and other losses while the details of the accident are still fresh.

Contact Ogg, Murphy & Perkosky Today For a Free Consultation

ABOUT
Why Choose Us For Distracted Driving Accident Cases

Distracted driving cases often involve questions that go beyond a typical car accident claim.

Determining whether a driver was using a mobile device or otherwise distracted may require careful investigation and a thorough review of the available evidence.

Since 1981, Ogg, Murphy & Perkosky, P.C., has represented injury victims throughout Pittsburgh and Western Pennsylvania. We work closely with our clients, explain each stage of the legal process, and pursue compensation on their behalf while they focus on their recovery.

Our firm handles distracted driving accident claims on a contingency fee basis. There are no upfront attorney fees, and you owe nothing unless we recover compensation for you.

“

I highly recommend Mike Murphy and John Perkosky. They kept us informed every step of the way and were incredibly caring throughout the entire process. They were always available to answer our questions, and I had complete confidence in their abilities. I am extremely grateful for everything they did. Mike and John fought hard to achieve the best possible outcome for our case.

– C. G.
“

Ben Gobel was extremely helpful with my case. He was thorough, transparent, and kept me informed throughout the process. I trusted him completely because he addressed my questions before I even had to ask. I was very pleased with the outcome of my settlement.

– J. B.
“

I was so frustrated with my situation that I couldn't even bring myself to talk about it, so I sent an email one night. They responded immediately. Every single person I interacted with at the firm was outstanding. I started working with Eve, who was absolutely fantastic. Before she moved on, she personally called me to assure me I would be in good hands with Gary—and she was right. Gary was professional, realistic, accessible, and compassionate. I don't have a single complaint about how I was treated. Hiring this firm was one of the best decisions I've ever made. Don't hesitate to contact them if you need help with a personal injury matter.

– J. B.
“

Mr. Perkosky was the best attorney we have ever worked with. He gave us confidence and peace of mind throughout our case while going above and beyond with his compassion, understanding, hard work, and patience. Mr. Perkosky and his team set the standard for exceptional legal representation, and I highly recommend them.

– A. R.
“

As a fellow attorney, I refer my clients who need personal injury or medical malpractice representation to Ben Gobel at Ogg, Murphy & Perkosky. He is highly attentive to my clients' needs and consistently achieves outstanding results.

– N. K.

Frequently Asked Questions About Pittsburgh Distracted Driving Accidents

Paul Miller’s Law, 75 Pa. C.S. § 3316.1, generally prohibits drivers from holding or supporting an interactive mobile device while operating a vehicle in Pennsylvania. The law expanded the state’s restrictions on distracted driving and may become relevant in certain personal injury claims.

Evidence may include police reports, witness statements, cell phone records, surveillance footage, dashcam video, vehicle data, and other evidence gathered during the investigation. The available evidence varies from case to case.

A citation is not required to pursue a personal injury claim. Depending on the circumstances, distraction may be established through other forms of evidence, even if no traffic citation was issued.

Pennsylvania generally requires personal injury lawsuits to be filed within two years of the date of the accident. However, certain circumstances may affect the applicable deadline, so it is important to seek legal guidance promptly.

Pennsylvania follows a modified comparative negligence rule. Depending on the circumstances, you may still recover compensation if you were less than 51% responsible for the accident, although your recovery may be reduced based on your percentage of fault.

In some cases, yes. Pennsylvania law allows punitive damages when a driver’s conduct is found to be reckless or to reflect a conscious disregard for the safety of others, which may apply in certain distracted driving cases, particularly those involving texting or other prohibited phone use under Paul Miller’s Law. Whether punitive damages are available depends on the specific facts and evidence in your case.

We handle distracted driving accident claims on a contingency fee basis. There are no upfront attorney fees, and you owe nothing unless we recover compensation for you. We also offer a free case evaluation with no obligation.

Get Legal Help After a Distracted Driving Accident in Pittsburgh

A distracted driver can change the course of your life in a matter of seconds. If you were injured because another driver was texting, using a mobile device, or otherwise not paying attention to the road, our attorneys can help you seek compensation for your injuries and losses.

At Ogg, Murphy & Perkosky, P.C., we’re here to answer your questions, protect your rights, and advocate for the recovery you deserve.

Contact us today at (412) 471-8500 for a free case evaluation.