Technology in Motor Vehicle Cases: Part 2

Witnesses and the Internet
In the last entry, we began discussing internet searches for information on your client, the plaintiff and witnesses. It is always essential to locate and preserve witness statements early in the life of a case.  Running a Google search for witness accounts of the accident can prove valuable, especially if you are involved in the case before litigation.  After a basic Google search, I recommend visiting www.twitter.com and running a search for tweets concerning the accident.  Twitter users frequently update their pages in real time and a witness may capture images, statements or accounts of the accident as it is happening.  Other users may add comments regarding the accident.  Because Twitter and most blogs are updated fairly frequently, I recommend taking screen shots and/or printing the entries before they are removed or become difficult to locate.

YouTube, Facebook and MySpace can also be useful resources for locating witnesses.  Content posted by users is less searchable on Facebook and MySpace, but those websites can be useful for tracking down more information about witnesses, such as their location, employer and possibly their email address.

On Board Technology and Potential Distractions
Consider the technology in the vehicle and its potential impact on the case.  For example, a car salesman recently tried to sell me a vehicle that had a lane change warning device installed in it.  He pointed out that the feature was excellent because I could change lanes without looking.  Will plaintiff claim that your driver relied too much on technology, such a traffic collision warning system?  This is an important issue to evaluate if you represent a commercial vehicle driver or a recreational vehicle because these types of devices are more frequently found on those vehicles.

Technology in Motor Vehicle Cases: Part 1

Earlier this year, I attended DRI’s Trucking Seminar in Las Vegas and found a presentation by Lew Bricker and James Mullen regarding use of technology particularly useful and informative.  They discussed the various ways in which technology can be used in trucking accidents, some of which are discussed below.   The most novel idea I took away from the presentation was their use of Google Maps images to recreate the vehicles’ movements in the moments leading up to an accident.

Following the presentation, I was inspired to explore the ways in which technology impacts motor vehicle accident cases.  This blog series will address the various types of technology and related issues that may arises in auto accident litigation.

Use of Cellular Phones and Navigation Devices
California’s Anti-Texting Law (SB 28) makes it illegal to send, receive or read data on hand held mobile devices.  Violation of the law could give rise to negligence per se in your case.

A pedestrian or other vehicle is clearly within the class protected by the statute.  Ask your driver detailed questions about whether he or she was using any technology during the course of the accident.  Many pre-installed navigation devices are inaccessible when driving.  However, stand alone devices and truck navigation systems may still operate while the vehicle is moving, a potential distraction that plaintiff may point to as a cause of the accident.

Plaintiff is likely to seek cell phone records, emails and other data from before, during and after the accident.  A navigation device may also store certain data, including the driver’s planned destination, departure point and prior destinations.

Drivers and Social Networking
If you represent a driver, find out about ALL of the driver’s social networking sites.  Ask for your driver’s email address as well so you can run a search of their email address.  Always run an internet search for your client, plaintiff and witnesses.  This should be your one of your first steps when you receive a case and police report.   Know the players before you propound or respond to any discovery.

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