Establishing Liability in Distracted Driving Collision Cases
In distracted driving collision cases, liability is established by showing that the at-fault driver failed to use reasonable care, that their attention was diverted from the road, and that the distraction directly caused the crash and your injuries. However, to prove liability, you will need to collect and present evidence highlighting the driver’s misconduct, such as phone records, police reports, witness statements, and surveillance footage.
At Goldstein Heslop Steele Clapper Oswalt & Smith, our attorneys have decades of combined experience helping injured drivers establish liability in accidents caused by distracted driving. The earlier and more thoroughly you can preserve evidence, the better positioned you will be to hold a distracted driver accountable. Contact our offices in Altoona or Tyrone, Pennsylvania, to schedule a free consultation.
Why Is Proving Distracted Driving Liability Often Challenging?
Distracted driving is dangerous, but proving it is not always simple. Many drivers won't admit they were texting, using an app, adjusting navigation, eating, or otherwise looking away from traffic before the accident.
In some cases, the distraction may have lasted only a few seconds, yet they were enough to cause a life-changing collision. To file a personal injury claim following a distracted driving accident in Pennsylvania, you will need to establish and prove four key elements:
Duty of care: You must prove that the other driver had a duty to operate their vehicle safely.
Breach of duty: You must prove that the other driver breached that duty by driving while distracted
Causation: You must prove that the other driver’s distracted driving caused the collision
Damages: You must prove the collision directly caused your injuries.
Pennsylvania’s comparative negligence rules may also affect recovery. If the defense argues that you were partly at fault, your available compensation may be reduced by that percentage of fault. If you are found more than 50% responsible, you may be barred from pursuing compensation. Therefore, it’s important to establish clear, persuasive evidence of the other driver’s liability.
Key Evidence to Help Prove Distracted Driving
To establish liability, you will need to provide evidence that shows what the other driver was doing in the moments before the collision. The key types of evidence that could support your claim include the following.
Cell phone records: Phone records can show whether a driver was texting, making calls, or using data around the time of the crash. These records don't always tell the whole story on their own, but they can strongly support a claim when paired with other evidence.
Police reports: Responding officers often document statements from drivers, passengers, and witnesses. The official police report may note that the other driver admitted looking at a phone, failed to brake in time, or drifted from their lane, which can help establish careless conduct.
Witness statements: Independent witnesses may have seen the driver looking down, holding a phone, weaving, or failing to react before impact. Passenger statements can also provide important information about the driver’s behavior immediately before the collision.
Video footage: Traffic camera footage, business surveillance video, dashcam recordings, and residential security footage can capture the accident itself or the driver’s actions leading up to it. Video evidence is often persuasive because it provides an objective account of what happened.
Vehicle data and electronic evidence: Modern vehicles may store event data that records their speed, braking, steering input, and other information in the seconds leading up to a collision. In some cases, infotainment system data or app activity may also help show whether the at-fault driver was not paying proper attention.
Accident reconstruction: If liability is disputed, accident reconstruction experts can analyze skid marks, vehicle damage, roadway conditions, and the timing of the accident to explain how it occurred. Their findings may support the conclusion that a distracted driver failed to perceive and respond to a hazard.
How Can You Strengthen a Distracted Driving Claim?
The actions you take immediately after a distracted driving accident can make a major difference in the outcome of your case. Seek medical care as soon as possible, even if you think your injuries are minor, and follow all treatment recommendations. Some symptoms may not show signs right away.
Additionally, preserve as much evidence as possible. Photos of the scene, vehicle damage, roadway conditions, and visible injuries may all be useful. It is also important to identify witnesses and obtain statements from them sooner rather than later, as memories and details can be harder to recall.
Our Pennsylvania personal injury attorneys can also send preservation letters to prevent relevant evidence from being lost. In some cases, this can include requests to preserve phone data, electronic vehicle information, or surveillance footage. Early legal action often improves the chances of uncovering proof that a driver was distracted at the time of the collision.
Contact Our Experienced Pennsylvania Personal Injury Attorneys
Establishing liability in a distracted driving accident is about more than proving a driver looked away. It’s about showing that the driver’s inattention caused real harm and that the law justifies full compensation. Insurance companies typically won’t automatically accept that distraction caused a collision. They may argue there is insufficient proof, that another factor caused the crash, or that you share some blame.
At Goldstein Heslop Steele Clapper Oswalt & Smith, our attorneys, Nathaniel Smith and Daniel Stants, know how to investigate distracted driving claims and present a compelling case to determine liability and pursue the compensation you need.
With offices in Altoona and Tyrone, Pennsylvania, we serve clients throughout Bedford, Huntingdon, Cresson, Blair County, Bedford County, Huntingdon County, and Cambria County. If you were hurt in a distracted driving accident, contact us to schedule a free consultation.