Distracted Driving Accident Claims Involving Smart Phones: Pursuing or Defending Litigation

According to the National Highway Traffic Safety Administration, 3,477 people were killed and 391,000 were injured in motor vehicle crashes involving distracted drivers in 2015 alone. Driving while using smart phones to talk, text, email or browse social media sites is all too common and greatly increases the chances of an accident occurring.

Public awareness of injury and fatality rates caused by distracted driving combined with increased state legislation restricting the use of mobile devices while driving has led to a wave of public injury lawsuits by victims of distracted driving. Bringing or defending claims alleging 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. Vicarious liability issues involving parents and employers must also be explored.

Listen as our panel of experienced personal injury attorneys discusses the latest developments in distracted driving claims involving smart phones and a review of related state legislation. The panel will outline strategies for conducting pre-suit investigations and discovery, and recruiting expert witnesses, as well as important considerations for potential employer or parental liability.

1. Distracted driving state and federal laws and regulations
2. 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 and verdicts
3. Vicarious liability of employers or parents
   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

The panel will review these and other key issues:

• What kind of accident-related records should be obtained during investigations and discovery—both from the smart phone 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 smart phone use by drivers?