Cell Phone Lawsuits Auto Accidents – How to Prove in Pennsylvania
While Pennsylvania does not currently have any laws preventing cell phone use while driving, that does not mean that cell phone use is irrelevant to your potential Pennsylvania auto accident lawsuit.
If you have been injured in a Pennsylvania car crash then you may have the right to recover damages if the other driver’s negligence caused your accident injuries. Using a cell phone to talk, text, surf the web, check Facebook, send a tweet or for any other purpose may be relevant to your negligence case. In order to prove negligence, you need to establish that the other driver failed to exercise reasonable care. Thus, evidence that a cell phone distracted a driver’s attention from driving may be relevant to your claim.
In order to prove that another driver was using a cell phone while driving, you can:
- Look to the police investigation and accident report.
- Consider eye witness reports of people who saw the driver using a cell phone just prior to or during the crash.
- Subpoena the other driver’s cell phone records to determine the time that he or she was on the phone and the activity being done on the phone (i.e. texting, talking, internet use).
Have you been hurt in a Pennsylvania distracted driving accident? How did you prove that the other driver was on a cell phone at the time of your crash? Please leave a comment and let us know.
