Pennsylvania, like most states, prohibits the use of cellphones and other handheld devices while driving under Section 3316(a) of the motor vehicle code. It is widely understood that a driver who causes an accident because he is texting and driving can face liability and even punitive damages based on the use of a cellphone. Just like drunk driving, distracted driving poses an extreme safety risk to other drivers and pedestrians, and a Pennsylvania jury may similarly find that punitive damages are warranted where a driver causes an accident due to his or her attention being diverted away from the road to focus on a cellphone or tablet. See Rockwell v. Knott, 32 Pa.D. & C. 5th 157 (Lacka.Co. 2013) (holding that it is permissible for a jury to determine whether communicating on a PDA while driving is "a wanton and reckless act").

What is less understood however, is whether a person who sends a message to someone who is driving may be held liable for causing a distracted-driving accident. In several decisions, courts have found that the sender of a text message may be held liable if they knew, or in the exercise of reasonable care, should have known that their message would be a distraction to the driver.