In an accident where a truck driver struck a pedestrian, the court allowed the “ pedestrian’s cellphone records into evidence” to show that the pedestrian was responsible for the accident as she was on the phone at the time the accident occurred, as reported by the New York Law Journal in an April 25, 2013 news article.

The pedestrian became disabled after this accident and her family brought a case against the truck driver and the owner of the truck to recover for the pedestrian’s losses. The truck driver and owner assert that the pedestrian was on her phone at the time of the accident, thus she was preoccupied and she is the one who caused the accident. However, the family’s attorney claimed that the phone record should not be admissible because there was a lapse from when the call ended to when someone actually called 911.

This is the first case where a New York court has allowed a person’s cellphone’s record into evidence.  When making this determination, the court looked to other jurisdictions where a person’s cellphone records were admissible. New Jersey and Illinois are two states where the court allowed a person’s cellphone record into evidence to show that the person was responsible for the accident. However, in both of these cases it was the driver who was on the phone and not the injured pedestrian. Yet, the New York judge stated that the injured pedestrian is allowed to contradict the evidence by introducing witnesses who did not see her using her phone at the time of the accident. The case is still in progress and a verdict has not been rendered as yet.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial in office consultation or visit our website at