The dangers of distracted driving are constantly in the news these days. You know you shouldn’t use a cell phone while you drive, especially texting while driving. What affect would this have on an auto accident claim in Washington?
The initial investigation into a distracted driving car accident case involving texting or talking on a cell phone is very similar to the investigation of any automobile accident case. A personal injury attorney will obtain a copy of the police report; get photographs of the accident scene and the vehicles. Witnesses will be interviewed. Insurance policies will be reviewed.
The investigation will also include obtaining name of the at-fault driver’s cell phone carrier at the time of the Washington car accident. All cell phone records will need to be subpoenaed and reviewed. That includes all work and personal cell phone accounts. Cell phone records are important because they can show the time and length of a call on a particular date. If the exact time of the accident is known you can show whether or not a defendant was on a cell phone at the time.
The at-fault driver will have to explain the cell phone use during a deposition. What questions can an at-fault driver expect about cell phone use during a deposition:
The initial investigation into a distracted driving car accident case involving texting or talking on a cell phone is very similar to the investigation of any automobile accident case. A personal injury attorney will obtain a copy of the police report; get photographs of the accident scene and the vehicles. Witnesses will be interviewed. Insurance policies will be reviewed.
The investigation will also include obtaining name of the at-fault driver’s cell phone carrier at the time of the Washington car accident. All cell phone records will need to be subpoenaed and reviewed. That includes all work and personal cell phone accounts. Cell phone records are important because they can show the time and length of a call on a particular date. If the exact time of the accident is known you can show whether or not a defendant was on a cell phone at the time.
The at-fault driver will have to explain the cell phone use during a deposition. What questions can an at-fault driver expect about cell phone use during a deposition:
- Were you on the cell phone at, near or during the collision?
- Were you dialing your phone at, near or during the collision?
- Were you picking up your phone at, near or during the collision?
- Were you touching your phone at, near or during the collision?
- Were you looking up a phone number at, near or during the collision?
- Did you have your phone in your hand for any reason at, near or during the collision?
- Were you texting on your phone at, near or during the collision?
- Have you ever used a cell phone while driving?
- Have you ever had an accident with a cell phone?
- Do you own a hands free device?
- Were you using a hands free deivice with your cell phone at, near or during the collision?
Unfortunately this type of litigation is going to become more and more common as cellphone use saturates the State pf Washington. Given the cell phone driving behavior I seen since the new Washington cell phone law took effect, I don't beleive the new law is going to curb the use of cell phones for either talking or texting. Perhaps as the verdicts and penalties increase then the behavior may change.