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.
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