In Pennsylvania, it is illegal to use your cell phone while driving to send texts, emails, or messages of any kind. While discouraged, it is not illegal to make phone calls while driving. The question becomes whether distracted driving while using a cell phone amounts to negligent or reckless behavior.
In Pietrulewicz v. Gil, the defendant was talking on her cell phone and failed to yield to oncoming traffic. She collided with plaintiff’s motorcycle rendering both vehicles damaged and the plaintiff injured. Defendant filed preliminary objections to strike the prayer for punitive damages. Punitive damages require a plaintiff’s intent to be malicious or reckless. Defendant admitted that she was talking on her cell phone while driving but denied acting recklessly. Plaintiff claimed that distracted driving while talking on a cell phone was per se reckless. The court held that absent well-pleaded allegations of recklessness, cell phone use while driving is not per se reckless, and accordingly, a plaintiff is not entitled to punitive damages.
The court relied on two cases in reaching its decision: Xander v. Kiss, 2012 WL 168326 (Northampton County CCP) and Piester v. Hickey, 2012 WL 935789 (E.D. Pa.). In Xander, with almost identical facts to the case at hand, the court held that punitive damages were inappropriate absent additional allegations that the driver acted recklessly (e.g. speeding, running a red light). In Piester, the court held that punitive damages are not recoverable when the sole basis in support is that the defendant was using his or her cell phone while driving.
Overall, Pennsylvania courts have reasoned that distracted driving while using a cell phone can amount to negligence if it causes a traffic accident. However, absent allegations of speeding, ignoring traffic signals, or conduct that demonstrates a reckless indifference to the rights of others, punitive damages are not recoverable.
Thanks to Eric Clendening for his contribution.