Generally, in order to recover damages for car accident injuries you need to prove that the other driver was negligent. To prove negligence you must establish that the other driver failed to exercise the care that a reasonably prudent driver would exercise in a similar situation and that you suffered injuries as a result.
A driver who is distracted while driving – whether it be by texting, talking on a cell phone while driving, adjusting the radio, arguing with passengers or anything else – may not be exercising reasonable care.
To prove that your injuries were caused by the negligence of a distracted driver you may be able to:
• Subpoena cell phone records.
• Report what you saw leading up to the accident.
• Have witnesses to the accident testify about what they saw leading up to the accident.
• Have your Pennsylvania auto accident lawyer conduct an investigation.
Have you been hurt by the negligence of a distracted driver? How did you prove that the other driver was negligent in your distracted driving lawsuit? Please leave a comment and let others who may have been injured, or who may have lost a loved one, in a distracted driving accident know.