Distracted Driving Accident Claims Involving Smart Phones: Pursuing or Defending Litigation
Conducting Pre-Suit Investigations and Discovery, Leveraging Expert Witnesses, Vicarious Liability Considerations
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel with a review of increasing litigation over distracted driving accidents involving smart phones. The panel will provide an overview of state approaches to regulation of device use while driving and outline strategies for pursuing or defending distracted driving claims.
Outline
- Distracted driving state and federal laws and regulations
- Distracted driving civil liability cases
- Initial considerations
- Case intake
- Investigation/evidence preservation
- Expert witnesses
- Pleading the case—elements and amendments
- Distracted driving discovery
- Written discovery
- Depositions
- Settlements and verdicts
- Initial considerations
- Vicarious liability of employers or parents
- Initial considerations—policies, procedures, protocols
- Commercial vehicles—evidence preservation
- Pleading the case—elements and amendments
- Discovery
- Written discovery
- Corporate depositions
- Settlements and verdicts—maximizing your case
Benefits
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?
Faculty
Steven M. Gursten
Attorney
Michigan Auto Law
Mr. Gursten focuses his practice on serious auto and truck accident injury and wrongful death cases. He frequently... | Read More
Mr. Gursten focuses his practice on serious auto and truck accident injury and wrongful death cases. He frequently lectures at legal seminars throughout the country on trial advocacy, trucking litigation, and traumatic brain injury cases. He has recovered the top-reported jury verdict for a car or truck accident in Michigan for multiple years, according to published reports. He serves as President of the Motor Vehicle Trial Lawyers Association and a Past Chair of the American Association (AAJ) for Justice Truck Accident Litigation Group.
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Jacob J. Liro
Partner
Wicker Smith
Mr. Liro focuses his defense litigation practice in the areas of construction, transportation, professional... | Read More
Mr. Liro focuses his defense litigation practice in the areas of construction, transportation, professional malpractice, employment and catastrophic injury. He is a member of the firm's Transportation Practice Group and is on their Transportation Rapid Response Team. He is frequent author and presenter on automobile negligence, among other topics.
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