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I was riding a motorcycle and was rear ended. I believe the driver was using a cell phone but the police report doesn’t mention it. What should I do?

In many car, truck and motorcycle accident cases, police reports contain inaccuracies or otherwise omit important details, such as whether the driver at fault was using a cell phone and eyewitness information. In general, police reports are not admissible as evidence in court. They can, however, be useful from an investigative standpoint. They can also be used to help responding police officers recall what occurred and what the parties said.

Succeeding in a car or motorcycle accident case in Pennsylvania or New Jersey does not depend on the police report. In other words, the police report, while helpful, is not the be-all-end-all. The plaintiff in a car or motorcycle accident must prove that the driver who caused the accident was negligent. This means proving that the driver acted unreasonably. Cell phone use when driving is certainly evidence of negligence.

However, it can be challenging to prove that a driver’s cell phone use caused the accident.  Eyewitness testimony is very powerful evidence, especially when it comes to car accidents. Therefore, it is important to locate eyewitnesses who can testify that the driver was using a cell phone immediately prior to the accident. While obtaining cell phone records can be helpful, such records only show date, time and length of calls made and received. Cell phone companies do not keep records of dates/times of texts made or received. In addition, cell phone records do not show the substance of the texts. It will be important to match up the time of the 911 call reporting the accident with any cell phone records.

Suggested Reading: Cell Phone Use & Rear End Accidents

It is crucial to have a motorcycle accident case reviewed carefully by a motorcycle accident lawyer to discuss proving liability and fault, especially proving that the driver’s cell phone use caused the accident.


Pennsylvania Motorcycle Accident Lawyers

The lawyers at Schwartz & Blackman represent those injured in car and motorcycle accidents in Pennsylvania and New Jersey.

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.

*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.



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