Can I Talk On My Phone And Drive In Pennsylvania?

Pennsylvania law already prohibited texting while driving – but now, holding or even touching your phone is against the law.

As of June 5, 2025, Pennsylvania drivers are subject to “Paul Miller’s Law” (Senate Bill 37), which takes distracted driving restrictions to the next level. Now, holding your phone for any reason while operating a vehicle is illegal. That includes texting, scrolling, calling, or even holding the phone to look at directions.

If you’ve been involved in a distracted driving accident and believe the other driver was violating Paul Miller’s Law, contact Ainsman Levine, LLC, to discuss your case with an experienced Pennsylvania car accident attorney.

Understanding Paul Miller’s Law

Under the 2025 law, if a police officer sees you with a phone in your hand while driving, that’s enough to initiate a traffic stop. Unlike the previous texting-while-driving law, which often required proof of texting, the new law gives officers broader authority. You don’t have to be talking, texting, or looking at your phone to violate the law. Simply holding your phone while your engine is running is enough to get pulled over.

This ban doesn’t just apply to cell phones – it covers any electronic device. That includes tablets, gaming devices, and anything else that could potentially pull your attention away from the road.

This legislation is named in honor of Paul Miller, a man who lost his life due to a distracted driver. The goal of the law is clear: to reduce injuries and deaths caused by driver distraction. In 2023 alone, over 11,000 crashes in Pennsylvania involved distracted drivers. Of those, 63 were fatal.

Many of us know someone who’s been in a fender-bender – or worse – because another driver was more focused on their phone than on the road. The state intends for the law to reduce those numbers and save lives.

What Is Still Allowed?

Fortunately, the law does allow hands-free operation. If your vehicle has built-in Bluetooth or you use a hands-free mount, you’re still within the legal limits – as long as you don’t touch the phone while driving. Pressing a button on your steering wheel to answer a call or using voice commands is allowed. In contrast, picking up your phone – even at a red light – can still get you into trouble.

Passengers are not affected by this law. If you’re a rider, you can still use your phone as usual. The law is focused solely on the person behind the wheel.

How the Law Affects Your Personal Injury Claim

Pennsylvania’s new hands-free law doesn’t just impact what happens during a traffic stop. It could also affect a personal injury claim if you’re involved in an accident.

If you’re the victim of a crash and the other driver was holding or using a phone, this new law could strengthen your case. Under the updated rules, simply having a phone in hand while driving is a violation. That means if the at-fault driver was using a device during the collision, it may be easier to prove negligence. Police reports, witness statements, or even dashcam footage could be used to show the other driver was distracted and breaking the law – making your claim for damages more clear-cut.

On the other hand, if you were holding your phone – even if you weren’t actively texting or calling – the law could work against you. Insurance companies and opposing attorneys may use that detail to argue you were distracted and, therefore, partially responsible. That can reduce the compensation you may recover under Pennsylvania’s comparative negligence rules.

Remember:

• Admitting to Phone Use Can Harm Your Claim – Even a quick swipe or call could be interpreted as a contributing factor to the accident.
• Law Enforcement Documentation Matters – Police are now more likely to note handheld phone use in crash reports. This can impact your liability and settlement outcomes.

Violating the Hands-Free Law May Impact Credibility – Juries and insurance adjusters may view a driver who broke the law as less trustworthy – even if phone use wasn’t the main cause of the crash.

How to Protect Your Right to Fair Compensation

Here are some steps you can take to stay compliant – and preserve your ability to recover in case of an accident:

• Use Bluetooth or voice commands to make calls.
• Mount your phone securely on your dashboard if you need it for GPS.
• Set your destination before you start driving so you’re not tempted to fiddle with the map.
• Turn on Do Not Disturb While Driving mode on your phone to limit distractions.
• Pull over if you must use your phone.

The safest path forward is to keep your phone out of your hands while driving. If you’ve been in an accident and distracted driving is part of the equation, having experienced legal counsel from Ainsman Levine, LLC is key. Contact us today to discuss your case in a free initial consultation.