Aug 092013
 

Proving liability in a car or motorcycle accident requires evidence of negligence, which is basically defined in Pennsylvania as the failure to do something one should have done or doing something one should not have done. Cell phone use when driving is usually considered negligence when it leads to an accident, especially when coupled with other negligent conduct, like speeding or running a stop sign or red light. In some limited situations, cell phone use when driving can support a claim for punitive damages, when other circumstances are present, such as speeding through a school zone or work zone.

While police reports and accident reports are helpful in the investigation phase of a lawsuit, they are by no means, the be-all-end-all. They usually are not even admissible in court. Other investigation will usually point to liability in a car or motorcycle accident case. For instance, obtaining cell phone records will usually be helpful in determining whether a driver was using their cell phone moments before or after an accident. In addition, prior driving records can help establish that a person who says they “never use their cell phone when driving” is not telling the truth when they have a prior ticket and conviction for texting/talking on their cell phone when driving. Also, locating eyewitnesses to the accident will be important as well.

Related:

Pennsylvania Motorcycle Accident Lawyers

The lawyers at Schwartz & Blackman represent those injured in car and motorcycle accidents in Pennsylvania and New Jersey. Watch this video review from an owner of a Philadelphia motorcycle shop.

If you’d like a NO-COST review by our Pennsylvania and New Jersey car-motorcycle accident lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.

The lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:

  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities

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