Distracted Driving Accident Claims Involving Mobile Devices

Description

A driver using electronic devices, such as talking or texting on a cell or smart phone, typing on a laptop, using an MP3 player, or operating navigation devices, while driving is all too common. Using such devices while driving distracts drivers and greatly increases the chance for an accident.

Public awareness of injury and fatality rates due to distracted driving and state legislation restricting the use of devices while driving has also brought a wave of lawsuits. Bringing or defending a suit based on distracted driving requires special considerations, especially during investigation and discovery.

Electronic devices uniquely offer the potential of detailed records that may be subject to discovery. Interrogatories, requests for production, and recruitment of experts must be tailored to address issues of functionality and the impact on safety. The role of parents and employers must also be explored.

Listen as our panel of experienced litigators provides a guide to mobile device distracted driving suits and a review of related state legislation. The panel will outline strategies for conducting pre-suit investigations, discovery, and recruiting expert witnesses as well as important considerations for potential employer liability.

Outline

1. Introduction
2. Distracted driving state and federal laws and regulations
3. Distracted driving civil liability cases
   1. Initial considerations
      1. Case intake
      2. Investigation/evidence preservation
      3. Expert witnesses
   2. Pleading the case—elements and amendments
   3. Distracted driving discovery
      1. Written discovery
      2. Depositions
   4. Settlements & verdicts
4. Employer liability
   1. Initial considerations—policies, procedures, protocols
   2. Commercial vehicles—evidence preservation
   3. Pleading the case—elements and amendments
   4. Discovery
      1. Written discovery
      2. Corporate depositions
   5. Settlements and verdicts—maximizing your case

Benefits

The panel will review these and other key questions:

• What kind of accident-related records should be obtained during investigations and discovery, both from the device itself and from connected companies and servicers?
• What issues of direct and vicarious liability should be investigated?
• Are there possibilities for presenting or defending contributory negligence claims?
• What are the state and federal rules and regulations affecting mobile device use by drivers?

Webinar/Teleconference

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