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Posted On 02.04.13 by in Auto Accidents
Many of our Maryland and West Virginia automobile accident clients tell us that they believe the negligent driver was illegally using a cell phone at the time of the collision. Often this is because our clients witness the driver using the phone, or see the driver with his head down immediately before the collision. Regardless of the reason for the suspicion, we have tools to help discovery whether distracted driving was the cause of your collision.
Evidence of negligent conduct, like drunk driving or distracted driving, is typically only admissible at trial if the negligent driver disputes liability. If the driver and his insurance company admit that the driver caused the accident, then this evidence is not likely to come into evidence. The reason is that in a stipulated liability case, the only questions the judge or jury must answer are (1) what injuries or damages the negligent driver caused, and (2) the measure of those injuries or damages.
The reason is simple—if the driver admits causing the accident, any evidence about why the accident happened would only be useful for punishing the driver, and that type of punitive damages evidence is rarely available in cases like this.
During the discovery phase of a lawsuit, there are several ways to find evidence of illegal cell phone use:
Of course, in some cases there may be no sure way to determine whether illegal cell phone was a cause of the automobile accident. But where it could be useful to proving your case for settlement or trial, we will do everything we can to find out what happened.
If you have questions after an automobile accident in Maryland or West Virginia, contact our personal injury lawyers at 1-800-776-4529, or send us some brief information about your automobile accident to us through our online portal. We’ll put our expertise to work for you right away.
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