Proving A Case For Distracted Driving

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Motor vehicle accidents caused by distracted drivers occur regularly in Pennsylvania and the United States. Many drivers, passengers, cyclists, and pedestrians have suffered severe or life-threatening injuries. Pennsylvania drivers are required to pay attention to the road throughout the entirety of their trip.

Being distracted while driving will dramatically interfere with a person’s ability to concentrate on the road, and not surprisingly, when a person is distracted, they increase their chances of causing an accident or being unable to avoid an accident.

Any of the following may constitute distracted driving:

  • Talking on a handheld or hands-free phone (even the latter in certain circumstances)
  • Texting or using email and other applications
  • Adjusting the radio, CD player, thermostat
  • Using a navigation system
  • Applying makeup
  • Eating or drinking
  • Talking with passengers
  • Reading
  • Watching a video
  • Taking photographs or videos

Police Report

To prove a case for distracted driving, the evidence provided must show that the driver was distracted and that this distraction caused the accident. A police report that states that the other driver was negligent based on some distraction is more than a little helpful in substantiating a lawsuit based on distracted driving, especially if based on eyewitness testimony. Of course, this police report must be completed in close proximity to the accident when the events and any witness testimony are still fresh in the officer’s memory.


Witnesses may include any individual who observed the accident, whether a pedestrian or the driver or passenger of another vehicle. Often, a witness may quickly leave the scene of an accident.It is important to keep them at the scene so they may provide a detailed description of the events as they occurred. Otherwise, witnesses may need to be subpoenaed to testify about the details of the accident.

Phone Records

If evidence exists that suggests the other driver was using a cell phone at the time of the accident, you may obtain phone and text message records to prove they were distracted when the accident occurred.

Photographs or video

It is possible to catch distracted drivers on police dash cameras, cell phones, surveillance cameras at intersections, or by other drivers. These videos can be obtained by your attorney and presented as evidence to prove distracted driving. Your attorney may need to contact the owner of the camera and request the footage to see if it contains the evidence necessary to prove distracted driving.

Expert testimony 

In some cases, expert witness may be necessary, such as an accident reconstruction expert to ascertain the cause of the accident. Hopefully, any analysis, testing or reconstruction will demonstrate to the court that the reason for the accident was because the driver failed to pay attention to the road.

Powell Law recognizes that having a tremendous support staff is as important as having outstanding attorneys. Our always friendly and helpful staff will efficiently handle all tasks and clearly answer all questions that are important and specific to a client’s particular case. Powell Law’s unsurpassed qualifications make it an obvious choice for representation in personal injury cases in the Scranton/Wilkes-Barre area. Contact Powell Law at call (570) 961-0777. The consultation is FREE.

Proving A Case For Distracted Driving

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