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.
