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Potential impact of Pennsylvania’s Paul Miller Law on motorist liability

6/5/25

By: Joshua G. Ferguson and William P. Bodycot

Effective June 5, 2025, motorists in the Commonwealth of Pennsylvania will operate under a new law entitled “Paul Miller’s Law.” The new statute, signed into law last year by Governor Josh Shapiro on June 5, 2024, makes it illegal to use a handheld device while driving a motor vehicle.  

The law is named after Paul Miller Jr. who was killed when an alleged distracted tractor-trailer driver crossed the median and crashed into him in Monroe County in 2010. These types of accidents happen often and in 2024 alone there were 9,950 crashes involving an alleged distracted driver, with 49 people losing their lives as a result.  

While Pennsylvania previously outlawed texting while driving, those laws prohibited communications while the vehicle was in motion. The new statute also prohibits the use of devices even while stopped due to traffic or at a red light.  

Not all use of a handheld device has now been banned, as the use of a phone to call emergency services and the hands-free use of a phone for personal calls, GPS and music will still be lawful on Pennsylvania roads.  

The consequences for violating this new statute will increase over time. For the first year of the Paul Miller Law’s implementation officers can issue written warnings for any violations. However, after a year, beginning on June 6, 2026, those who violate this law will risk facing summary citations issued by law enforcement. 

The effect of this new law on potential litigation may be numerous. Moving forward common carriers and employers whose employees use Pennsylvania roads may have to revise their current policies, operating procedures and training to account for this new statute’s effect on potential liability for an array of tort litigation. Those additions to policies and procedures may mirror the new law’s requirements or go further to address any ambiguities that exist with the exceptions built into the text of the statute. The law will also potentially impact civil private passenger and commercial vehicle claims, including but not limited to potential causes of action allowing for punitive damages. 

This new law is just another step Pennsylvania has taken to put further parameters on drivers in the Commonwealth, as the use of devices on the road continues to be targeted for what the legislature and governor deem the safety of all motorists.

For more information, please feel free to contact Joshua Ferguson at joshua.ferguson@fmglaw.com or William Bodycot at william.bodycot@fmglaw.com. 

Information conveyed herein should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided is for educational purposes only. These materials are written in a general format and are not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.