Auto Accident Lawyers Can Benefit by Evidence Other Driver Was on a Cell Phone
Auto accident lawyers can use the evidence that the other driver was on
his cell phone in the moments preceding the accident in at least two
ways: (1) to establish that the other auto driver was DUI level driving
impaired, to aid in establishing liability, particularly in contested
liability cases; and (2) in some cases to gain access to additional
insurance coverage, e.g., where the auto accident attorney
can establish that the driver was engaged in a business call, "in the
course and scope of his employment.
Driving under the influence of cell phone conversation results in
DUI level driving impairment and a four fold increased likelihood that
the driver will cause an accident. The attorneys at the California Auto
Accident Lawyers Group have reviewed all the extant epidemiological
and controlled experimental literature on cell phone use and driving
impairment, and are pleased to share the information, on request.
Contrary to popular misconception, it doesn't matter whether the cell
phone is handheld or hands-free, the resulting DUI level driving
impairment is the same, and the impairment results in the same 4 fold
increased likelihood that the driver will cause an accident. The reason
is that that the impairment doesn't derive from holding the phone. The
mechanism of impairment results from the cell conversation,
specifically from the diversion of limited conscious attention to the
internal-cognitive tasks associated with the give and take of the cell
conversation away from the external-visual tasks essential for safe
driving.
Auto accident lawyers must come to appreciate that in terms of
driving impairment, there is no difference between driving DUI alcohol
intoxicated and driving DUI level impaired "under the influence of cell
conversation. " Just as evidence that the other driver was DUI level
intoxicated is useful in establishing liability, the time must come
where auto accident lawyers see the similar advantages of establishing
that the other driver was DUI impaired, under the influence of cell
conversation.
Every serious auto accident case should be investigated to determine
whether the other driver was on his cell phone in the moments leading
up to the accident. In most cases there will not be witnesses, but we
urge that document requests can be fashioned to obtain the cell phone
records, to determine whether the driver was on his cell phone at the
time of the accident. And then in serious injury accident cases where
there is insufficient insurance to fully compensate the attorney's
client, the auto accident lawyer can inquire in deposition as to the
purpose of the call, to determine whether the call was a business call,
in the course and scope of the driver's employment, setting up the
respondeat superior case against the employer.
About the Author: AuthorBio:
Raymond L. Henke - For additional information you may consider the
discussion devoted specifically to this subject, at
California Cell Phone Lawyers
Or, Principle attorney with the California Auto
Accident Lawyers Group
More articles by Raymond L
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