Philadelphia Personal Injury Attorney Blog | Pomerantz Perlberger & Lewis LLP

As a pedestrian struck by a motorist talking on a cell phone, I may be prejudiced, but I believe cell phone use is an automatic strike against you in any car accident lawsuit. There are many studies that implicate cell phone use as a contributing cause of auto accidents, including the Lancet's flagship 2000 study showing cell phone users were 4 times as likely to be involved in accidents and the 2006 University of Utah study that showed cell phone use was as bad as drunken driving in terms of impairing a driver's ability. In contrast, other distractions, such as listening to the radio or eating while driving, are relatively minor. As a result, many states have put bans on using anything but hands-free phones, including Pennsylvania.

In Pennsylvania, unlike New Jersey, you cannot be pulled over for cell phone use, although you can be issued a ticket if you are stopped for another traffic violation. But if you are involved in a car accident while talking on your cell phone, you could find yourself in dire straits. Recently, International Paper Company paid $5.2 million to settle a personal injury lawsuit filed against it after one of its drivers was involved in an accident while talking on a company-issued cell phone.

Remember, Pennsylvania follows a comparative negligence rule, so everything you do that contributes to the accident can potentially reduce your award for the car accident. Worse, if a jury decides your cell phone use makes you 51 % or more liable for the car accident, you will not be able to recover any damages, and, instead, you may find yourself on the receiving end of a lawsuit.

So, for your health and safety, the health and safety of those in the car with you, and to protect yourself from liability, please put your cell phone away while driving.

And if you have been involved in a car accident with a driver on a cell phone, you can be compensated for their risky behavior. You can also make it clear to everyone that the behavior is not only risky, but costly as well. Contact a car accident attorney at Pomerantz, Perlberger, and Lewis, LLP, today for a free initial consultation.