California Cell Phone Auto Accident Lawyers Serving Northern and Southern California, from Los Angeles to the San Francisco Bay Area, San Diego Orange County Fresno Oakland Santa Clara San Jose, and Sacramento in Auto, Motorcycle and Bicycle Accident Injury Litigation.

For every serious injury auto, motorcycle or bicycle accident case involving serious injuries it is very important to obtain the representation of highly qualified California cell phone accident lawyers to investigate whether the other party was on his or her cell phone at the time of the accident.. The evidence of the defendant driver's DUI level driving impairment resulting from his or her use of a cell phone while driving can make the difference in contested liability cases. In serious injury cases where the defendant driver's insurance coverage is inadequate to compensate the plaintiff for his injuries and full measure of his damages, the California cell phone accident attorney's investigation can establish that the other driver was engaged in a business call, "in the course and scope of his employment," and the cell phone accident lawyer can then name the driver's employer as a defendant in the litigation and recover against it's insurance coverage and assets. We are highly qualified trial lawyers, specifically knowledgeable about the science demonstrating the DUI level driving impairment resulting from the use of cell phones while driving. We are California cell phone accident attorneys who also know how to turn the evidence to the plaintiff's advantage both to aid in demonstrating liability and to increase the insurance available to compensate the seriously injured plaintiff for his or her damages.

Our cell phone accident attorneys will consider representing anyone seriously injured in an auto accident anywhere in the State of California whether or not it was observed that the other driver was on his cell phone in the moments leading up to the accident. Currently one in ten motorists on our American streets and highways at any given moment in time is actively involved in cell conversation. However, it is rare that witnesses will notice that the driver was using his or her cell phone. The law enforcement officers who investigate the accident will often not ask if the parties to the accident were using their cell phones and even when they do, they will rarely get a candid answer. For this reason, particularly in serious injury accident litigation it is essential to obtain the other party's cell phone records. We are pleased to consider your serious injury auto accident case arising in Northern or Southern California, in San Diego Orange County San Bernardino Los Angeles Ventura Santa Barbara Fresno Santa Clara County San Jose the San Francisco Bay Area Berkeley Oakland and Sacramento. Please consider our trial lawyer qualifications, and then submit the e-mail "Case Evaluation Request" and we will contact you within 24 hours. Initial case evaluations are completely free of any charge or obligation.

Summary of the Advantages of Obtaining Highly Qualified California Cell Phone Accident Lawyers in Every Serious Injury Auto or Motorcycle Accident Case

If you were seriously injured in an auto accident, our highly respected California trial lawyers with the investigatory techniques and knowledge of the advantages of demonstrating that the other party was driving under the influence of a cell phone can turn a case of contested liability to your advantage and often obtain sources of insurance to compensate your damages which might be overlooked by other California auto accident lawyers.

We investigate every serious injury California auto accident case in which the Henke Law Office is retained as trial attorneys to obtain the cell phone records of the other driver, whether or not there is party or witness testimony or a police report to support that the other driver was on the cell phone.

We investigate every serious injury accident for cell phone use first because cell phone use while driving is now literally epidemic, with 1 in every 10 American drivers on the street at any given moment in time actively engaged in cell conversation, DUI level driving impaired, and four times more likely to cause an accident. The Henke Law Office investigates every serious injury auto accident case for cell phone involvement, including by obtaining the other driver's cell phone records, because all too often those driving while conversing on a cell phone will not acknowledge to the investigating law enforcement officer that they were on their cell phone at the time of the accident, and often it will not be obvious to witnesses that the driver was on the cell phone, where their attention wasn't drawn to the driver until after the accident. The cell phone records can provide the crucial evidence in establishing that the driver was on the cell phone can often lead to enormous accident litigation advantages..

In many serious injury car accidents the party at fault will not admit fault, and so it is essential to prove his liability. Cell phone evidence that the driver was operating his vehicle while on his or her cell phone may provide powerful evidence against the driver, because the abundant number scientific studies have consistently demonstrated that those driving under the influence of cell conversation are DUI level driving impaired and four times more likely to cause an accident. We have compiled and reviewed all of the epidemiology, as well as all the controlled experimental literature and neurological literature demonstrating convincingly that conversation by use of any cell phone while driving, whether handheld or hands-free, results in DUI level driving impairment and a 4 fold increased likelihood that the driver will cause an accident. If properly presented by competent California cell phone accident lawyers knowledgeable about the scientific literature, this evidence, presented at settlement conferences and at trial, can be very effective in contributing to the proof of liability.

In many serious injury California auto accident cases the other party to the accident may also be woefully underinsured to pay for the injuries and damages he has caused, including the plaintiff's general damages, his pain and suffering and physical limitations to do all he enjoyed in life, as well as the plaintiff's special damages, his past and future medical expense and past and future loss of earnings and/or earning capacity. Obtaining the defendant's cell phone records and the depositions of the parties to the call can also be extremely important to establish that the cell call was business related, "made in the course and scope of the driver's employment." When these facts are established the employer may be named as a defendant under the doctrine of respondeat superior, and held vicariously liable for the damages suffered by the plaintiff, now with the employer's insurance and assets also available to pay the claim.

We are very highly respected trial lawyers. Attorney Henke is "AV" rated by Martindale & Hubbell, the highest "legal ability" and "general ethical standards" ratings awarded by the most highly regarded national attorney rating directory in the United States. "A" is defined as "very high to preeminent" in "legal ability"; "V" is defined as "very high" "general ethical standards." The ratings are determined by interviewing judges before whom the attorney has tried cases and by interviewing respected lawyers in the community in which the lawyer practices who are aware of the attorney's legal ability and ethical standards. According to Martindale & Hubbell: "AV Peer Review Rating: shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity." Mr. Henke was elected Governor of the Los Angeles Trial Lawyers Association (subsequently renamed Consumer Attorneys Association of Los Angeles), the fifth largest trial lawyers association in the United States, and nominated "Trial Lawyer of the Year" by the same Association. Mr. Henke has obtained many multimillion dollar settlements and verdicts, his most recent a 2.5 million dollar settlement in a motorcycle accident case in which Henke named both the driver and his employer as defendants after demonstrating that the defendant driver was operating his vehicle in the course and scope of his employment. He is recognized as one of the "Top Lawyers in America," a member of the Million Dollar Advocates Forum, commonly referred to as the most prestigious trial lawyer group in the United States. Please consider Mr. Henke's other trial lawyer credentials described below. Then Contact us for a Free Case Evaluation. We welcome the opportunity to review your case and will consider representing those seriously injured in auto or motorcycle accidents throughout Northern and Southern California, from San Diego to Orange County and San Bernardino to Los Angeles and Ventura, Fresno Santa Clara San Jose, the San Francisco Bay Area, Oakland up to Sacramento, We are your cell phone accident lawyers for all of California.

Our California Cell Phone Accident Lawyers Will Consider Representing Serious Injury Auto Accident Victims Whether or Not it is Known That the Other Party was On the Cell Phone At the Time of the Accident and Whether or not the Cell Phone was a Handheld or Hands-Free Device. We Represent Those Seriously Injured in Auto Motorcycle and Bicycle Accident Cases in Northern and Southern California, the San Francisco Bay Area, Oakland, Santa Clara County, San Jose and Fresno, Los Angeles Orange County San Bernardino and San Diego.

In every serious injury California auto accident case, it is essential that an appropriate investigation be conducted to determine if the other motorist was on his or her cell phone at the time of the accident. The investigation to determine if the other party was engaged in cell conversation at the time of the accident is important whether it was observed that the other driver was on his cell phone or not, because the driver may not admit to the police that he was on the cell phone and witnesses may not have noticed that the driver was on the cell phone when he engaged in the negligent or inattentive driving which caused the accident.

An appropriate investigation includes obtaining the other motorist's phone records, in every serious injury case in which liability is contested or where the other driver's insurance is insufficient to compensate fully the plaintiff's damages. Particularly in serious injury California auto accident cases, it is essential to determine if the cell phone conversation was business related. If this is established it will provide the attorney the ability to add the employer as a party defendant to increase the insurance and assets available to pay the damages. The qualified California trial attorney knowledgeable about the often enormous advantages of establishing that the defendant was on his or her cell phone at the time of the accident can indeed often grab victory on liability out of the mouth of defeat in contested liability litigation, and obtain the additional insurance sources to fully compensate his client, often making the difference between a statutory minimum insurance policy recovery and a multimillion dollar settlement or recoverable verdict.

If you were injured in any county in the state of California you are welcome to submit the Cell Phone Accident Attorney Case Evaluation Request Form. If the other party admitted that he was on a cell phone or you or a witness saw him using his cell phone at the time of the accident it is essential that you obtain legal counsel appropriately qualified to investigate the case further to determine if the other driver was using his cell phone for business purposes, and to present the scientific evidence that the other motorist was driving DUI level impaired. But in most cases there will be no witnesses that the other party was on the cell phone at the time of the accident and so it is important, particularly in serious injury auto, motorcycle and bicycle accident cases that you obtain an appropriately qualified cell phone accident lawyer to obtain the cell phone records and conduct the appropriate follow up investigation, including by deposing both parties to the conversation. You may contact us whether your auto or motorcycle accident occurred in Northern, Central or Southern California. We will consider representing those seriously injured in motorcycle or auto accident cases from Los Angeles to the San Francisco Bay Area, from Orange County to Santa Clara and San Jose, from Fresno to Oakland, and from San Diego to Sacramento. We are California lawyers pleased to consider serious injury motorcycle and auto accident cases arising in any county in the state of California, whether it is known or not that the other party may have been involved in cell conversation in the moments leading up to the accident.<br><br>

. Below we will first introduce California cell phone accident attorney, Ray Henke, one of the very few truly highly qualified cell phone accident lawyers. Below that we will summarize the scientific information with regard to the DUI level driving impairment associated with driving under the influence of a cell phone. Below that we will discuss the advantages that a highly qualified cell phone accident lawyer can bring to your case.

Appropriately Qualified California Cell Phone Accident Attorneys Must be Sophisticated Lawyers with Broad Experience in Complex Litigation to able to Comprehend Scientific Literature Demonstrating the DUI Level Cell Phone Driving Impairment, and Present the Complex Scientific Evidence at Trial.

California cell phone accident attorney Henke is the most knowledgeable and acknowledged lawyer in the United States on the scientific literature substantiating the DUI level dangers of “driving under the influence of cell phones.” He has authored a number of scientific review articles which have been widely cited, circulated and reprinted in numerous forums, and has lobbied legislatures nationally for comprehensive cell phone legislation to curtail the current epidemic of DUI driving under the influence of cell conversation. One article, authored by Mr. Henke and widely published and republished, is summarized here for your review. See "Henke, Driving Under the Influence of a Cell Phone, a Scientific Review Article.” In addition to his legal work as a California cell phone auto accident lawyer, Mr. Henke has also been broadly involved nationally in consulting with advocacy groups lobbying for cell phone bans which are comprehensive, meaning laws which restrict the use of both handheld and hands-free cell phones while driving. He has devoted enormous time and resource to his national campaign to outlaw cell phone use while driving.

California cell phone attorney, Henke, is also a highly accomplished and highly successful trial lawyer, who in addition to auto accident cases and motorcycle accident litigation has extensive experience prosecuting the most complex litigation including litigation demanding the same kind of scientific discipline essential to the prosecution of cell phone accident cases. Specifically attorney Henke has prosecuted the most complex of pharmaceutical product liability cases and medical malpractice cases. He has a strong background in science and epidemiology and that is essential when it comes to preparing and presenting cell phone liability litigation. Indeed, the evidence of the DUI level driving impairment and four fold increased likelihood that the cell phone impaired driver will cause an accident derives from the epidemiological literature, the controlled experimental literature and most recently, the converging neurological literature.

Attorney Henke is a former Governor of the Los Angeles Trial Lawyers Association, the fifth largest trial lawyer association in the United States, nominated “Trial Lawyer of the Year” for his prosecution of complex drug product fraud litigation turning on scientific testimony. He has also received many other trial lawyer honors and awards, including the President's Award.. He has testified before Congress at the invitation of the Chairman of the US House Judiciary Committee with regard to his prosecution of complex medical litigation. He is “AV” rated by Martindale & Hubbell, the highest ratings awarded by the most highly respected lawyer rating directory in the United States. The "A" means "very high to preeminent" in "legal ability"; The "V" means "very high" in general ethical standards. To quote Martindale & Hubbell, "AV Peer Review Rating shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity." Mr. Henke is a member of the Million Dollar Advocates Forum, commonly referred to as the most selective and prestigious lawyer group in the United States. Mr. Henke’s trial accomplishments in complex medical and pharmaceutical product liability cases have been followed widely by the legitimate press, from the front page of the New York Times to the front page of the Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner, and many other newspapers, legal magazines and journals, from a feature articles in California Lawyer to the National Law Journal, and national and international television, Tom Brokaw's NBC Evening News to CNN..

There are important reasons for anyone seriously injured in an auto or motorcycle accident to select a California cell phone accident attorney knowledgeable about the prosecution of cell phone accident cases, whether you know that the other party was on the cell phone at the time of the accident or not. It is the hard study and education in the epidemiological, controlled experimental, and neurological literature that makes up the science by which we prove the nature and magnitude of cell phone driving impairment, and it is the unique litigation strategies, beginning with appropriate investigation through the presentation of the evidence at the trial of a cell phone accident case which sets competent cell phone accident attorneys apart from other personal injury lawyers.

Very briefly we will discuss the scientific literature establishing the DUI level driving impairment associated with “driving under the influence of a cell phone.” The discussion here will be brief, since we have attached Mr. Henke’s “Scientific Review Article” for the more full discussion of the science. Immediately below that we will discuss some of the legal strategies which competent cell phone accident lawyers use in every auto accident case which comes into their office.

If you were seriously injured in an auto or motorcycle accident anywhere in the state of California, from Los Angeles to the San Francisco Bay Area, San Diego, Orange County, Fresno, San Jose, Oakland or Sacramento, you are welcome to complete the California Cell Phone Accident Attorney Case Evaluation Request.

California Cell Phone Accident Lawyer Ray Henke Presents the Scientific Evidence That Driving While Engaged in Cell Phone Conversation, by Handheld or Hands-Free Cell Device, Results in DUI Level Driving Impairment And a 4 Fold Greater Likelihood that The Driver will Cause an Accident.

Before we examine the scientific evidence of the DUI level driving impairment resulting from operating a vehicle under the influence of cell phone conversation, first consider that the use of cell phones while driving is literally epidemic and growing. In the year 2000 two percent of all American drivers on our roads and highways at any given daylight moment in time were actively involved in cell phone conversation. By 2005 the number had grown to 10 percent of all American drivers on our streets at any given daylight moment in time, on their cell phones, actively involved in cell conversation. That means that 1 in every 10 cars we encounter when we drive now are driving under the influence of cell conversation. National Occupant Protection Use Survey (NOPUS) (a probability based observed data study on cell phone use performed by NHTSA.) Therefore, whether anyone noticed that the driver of the other vehicle was conversing by cell phone during the moments leading up to the accident, there is a 1 in 10 chance that a competent investigation will disclose that he was. Particularly in serious injury litigation or in litigation in which liability is contested, it is always important to do the appropriate investigation.

There is now abundant evidence, indeed, overwhelming scientific evidence, which California cell phone accident lawyers must understand thoroughly, which demonstrates without legitimate scientific controversy that those who drive under the influence of any cell phone are as dangerous as DUI drunk drivers and as likely or more likely to be involved in an accident than drivers DUI impaired under the influence of alcohol.

Those who drive under the influence of cell phones are are equally impaired as the DUI drunk driver; and their driving impairment results in an at least an equal four fold increased likelihood that they will cause an accident. The epidemiological literature: Redelmeier and Tibshirani (1997) Association Between Cellular-Telephone Calls and Motor Vehicle Collisions.” New England Journal of Medicine, 336, 453. McEvoy, Stevenson, McCartt, Woodward, Haworth, Palamara and Cercarelli, "Role of Mobile Phones in Motorvehicle Crashes Resulting in Hospital Attendance; A Case-Crossover Study,” British Medical Journal (July 12, 2005). The controlled experimental literature: Strayer, Drews and Crouch, “A Comparison of the Cell Phone Driver and the Drunk Driver,” Human Factors, Summer 2006. Strayer first announced his findings demonstrating DUI level impairment associated with cell phone use in 2003. Strayer, D. L. & Drews, F. A. & Crouch, D. J. (2003). “Fatal Distraction? A Comparison of the Cell-Phone Driver and the Drunk Driver.” In D. V. McGehee, J. D. Lee, & M. Rizzo (Eds.) Driving Assessment 2003: International Symposium on Human Factors in Driver Assessment, Training, and Vehicle Design. Published by the Public Policy Center, University of Iowa (pp. 25-30).See, Strayer, D. L., & Johnston, W. A. (2001). “Driven to distraction: Dual-task studies of simulated driving and conversing on a cellular phone. Psychological Science,” 12, 462-466. McCarley, J. S., Vais, M., Pringle, H., Kramer, A. F., Irwin, D. E., & Strayer, D. L. (2001). “Conversation disrupts visual scanning of traffic scenes.” Paper presented at Vision in Vehicles, Australia. Strayer, D. L., Drews, F. A., Albert, R. W., & Johnston, W. A. (2001). “Cell phone induced perceptual impairments during simulated driving.” In D. V. McGehee, J. D. Lee, & M. Rizzo (Eds.) Driving Assessment 2001: International Symposium on Human Factors in Driver Assessment, Training, and Vehicle Design. Strayer, D. L., Drews, F. A. & Johnston, W. A. (2002). “Why do cell phone conversations interfere with driving?” Proceedings of the 81st Annual Meeting of the Transportation Research Board, Washington, DC. Strayer, D. L., Drews, F. A. & Johnston, W. A. (2003). “Cell phone induced failures of visual attention during simulated driving.” Journal of Experimental Psychology: Applied, 9, 23-23. Strayer, D. L., Drews, F. A., & Johnston, W. A. (2003). “Are we being driven to distraction? Public Policy Perspectives,” Vol. 16, 1-2. (Published by the Center for Public Policy and Administration, University of Utah) Strayer, D. L. & Drews, F. A. (2003). “Effects of cell phone conversations on younger and older drivers.” In the Proceedings of the 47nd Annual Meeting of the Human Factors and Ergonomics Society (pp.. 1860-1864). Strayer, D. L. & Drews, F. A. & Crouch, D. J. (2003). “Fatal distraction? A comparison of the cell-phone driver and the drunk driver.” In D. V. McGehee, J. D. Lee, & M. Rizzo (Eds.) Driving Assessment 2003: International Symposium on Human Factors in Driver Assessment, Training, and Vehicle Design. Published by the Public Policy Center, University of Iowa (pp. 25-30). Strayer, D. L., Cooper, J. M., & Drews, F. A. (2004). “What do drivers fail to see when conversing on a cell phone?” In the Proceedings of the 48nd Annual Meeting of the Human Factors and Ergonomics Society (pp 2213-2217). McCarley, J.S., Vais, M.J., Pringle, H., Kamer, A.F., Irwin, D.E., & Strayer, D.L. (2004) “Conversation disrupts change detection in complex traffic scenes.” Human Factors, 46, 424-436. Strayer, D.L., & Drews, F. A. (2004). “Profiles in driver distraction: Effects of cell phone conversations on younger and older drivers.” Human Factors, 46, 640-649. Strayer, D. L. & Drews, F. A. Crouch, D. J., & Johnston, W. A. (2005). “Why do Cell Phone Conversations Interfere with Driving?” In W. R. Walker and D. Herrmann (Eds.) Cognitive Technology: Essays on the Transformation of Thought and Society (pp. 51-68), McFarland & Company, Inc., Jefferson, NC.)

It is critical that California cell phone accident lawyers also fully understand not just the magnitude but the nature of the impairment if they are going to present an intelligent scientific case persuasive to their juries. And it is essential that we understand that it is not only handheld cell phones which result in the DUI impairment, hands-free cell phones result in the same DUI level impairment and the same 4 fold increased likelihood that the driver will cause an accident.

Contrary to conventional wisdom, exacerbated by political compromise, including most recently by the California legislation banning only handheld cell phones, the fact is that the science demonstrates unambiguously that it doesn't matter whether the motorist was using a handheld cell phone or a hands-free cell phone; the DUI level driving impairment and 4 fold increased incidence of accidents is the same.

First, it has been demonstrated in dozens of controlled experimental studies that the significant aspect of the impairment resulting in the increased incidence of accidents is “attentional,” not manual, deriving specifically from the cell conversation itself, not from holding the phone. The impairment derives from the diversion of limited conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks associated with safe driving. According to the authors of the greatest number of these controlled experimental studies: “These data call into question driving regulations that prohibit handheld cell phones and permit hands-free cell phones because no significant differences were found in the impairments to driving caused by these two modes of cellular communication." Strayer, D. L., Drews, F. A., & Johnston, W. A. (2003). “Are We Being Driven to Distraction?” Public Policy Perspectives, Vol. 16, 1-2. (Published by the Center for Public Policy and Administration, University of Utah). Strayer has indeed made this clear at least since 2001: See, also e.g., Strayer, D. L., Drews, F. A. & Johnston, W. A. (2003). “Cell Phone Induced Failures of Visual Attention During Simulated Driving.” Journal of Experimental Psychology, Vol 9, pp. 23-23. Strayer, D. L., Drews, F. A., & Johnston, W. A. (2003). “Are We Being Driven to Distraction?” Public Policy Perspectives, Vol. 16, 1-2. (Published by the Center for Public Policy and Administration, University of Utah). Strayer has indeed made this clear at least since 2001: Strayer, D. L., & Johnston, W. A. (2001). “Driven to Distraction: Dual-task Studies of Simulated Driving and Conversing on a Cellular Phone.” Psychological Science, 12, 462-466. See also, Strayer, D. L., Drews, F. A. & Johnston, W. A. (2002). “Why Do Cell Phone Conversations Interfere With Driving?” Proceedings of the 81st Annual Meeting of the Transportation Research Board, Washington, DC. See also, Shomstein, S., Yantis, S. “Control of Attention Shifts Between Vision and Audition in Human Cortex.” The Journal of Neuroscience, November 24, 2004, 24(47):10702-10706.

California cell phone accident lawyers must appreciate that drivers who use hands-free devices are just as impaired as those who use handheld devices, and must not concede weakness in a hands-free cell phone case. In some cases it may be that a witness may observe that the auto driver was dialing his or her cell phone at the time of the accident, and this also might provide the auto accident lawyer evidence of "driver distraction" which may be important to the prosecution of a lawsuit based upon the "distraction," but a cell phone accident lawyer must also understand the science in order for him to know that this is not the same impairment which science has demonstrated to lead to the DUI level driving impairment and 4 fold increased incidence of accidents among cell phone users actively involved in cell conversation. The competent California cell phone accident lawyer must also recognize that the science has demonstrated that it is clearly not the “holding” of the cell phone which results in the DUI driving impairment. It is so very unfortunate that politicians such as the majority in our California legislature have seen fit to enact “handheld cell phone bans” as a "compromise" to the comprehensive cell phone legislation offered by our more responsible legislators. Perhaps they feared the public backlash if they were to deprive the majority of their voting constituency of the use of cell phones while driving, a use indeed, unfortunately, that 70 percent of American auto drivers have become so accustomed. But the legislation is out of step with the science, and it is the science that has measured the risk associated with handheld and hands-free cell phones and found the risk to be identical.

But let us have no misunderstanding. According to the most highly regarded scientist in the field: “These data call into question driving regulations that prohibit handheld cell phones and permit hands-free cell phones because no significant differences were found in the impairments to driving caused by these two modes of cellular communication." Strayer, D. L., Drews, F. A., & Johnston, W. A. (2003). “Are We Being Driven to Distraction?” Public Policy Perspectives, Vol. 16, 1-2. (Published by the Center for Public Policy and Administration, University of Utah). Strayer has indeed made this clear at least since 2001.

It is a trap for the unwary or uneducated "California cell phone accident lawyer” to focus on the handling of the cell phone, because the science cited above demonstrates that holding the cell phone is not a factor contributing to the driving impairment. “Our data imply that legislative initiatives that restrict handheld devices but permit hands-free devices are not likely to reduce interference from the phone conversation, because the interference is, in this case, due to central attentional processes.” See, Strayer, D. L., & Johnston, W. A. (2001). “Driven to Distraction: Dual-task Studies of Simulated Driving and Conversing on a Cellular Phone.” Psychological Science, 12, 462-466. See also, Strayer, D. L., Drews, F. A. & Johnston, W. A. (2002). “Why Do Cell Phone Conversations Interfere With Driving?” Proceedings of the 81st Annual Meeting of the Transportation Research Board, Washington, DC.

The statement of Strayer was echoed by Johns Hopkins Professor Yantis, based on his neurological studies examining brain activity while on the cell phone as it switched back and forth from the visual and auditory centers of the brain, “Our research helps explain why talking on a cell phone can impair driving performance, even when the driver is using a hands-free device.” Stromstein & Yantis, supra. In an interview, professor Yantis made plain the significance of his findings on the specific issue of cell phone driving impairment:“Our research helps explain why talking on a cell phone can impair driving performance, even when the driver is using a hands-free device ... Directing attention to listening effectively 'turns down the volume' on input to the visual parts of the brain. The evidence we have right now strongly suggests that attention is strictly limited -- a zero-sum game. When attention is deployed to one modality -- say, in this case, talking on a cell phone -- it necessarily extracts a cost on another modality -- in this case, the visual task of driving." Consumer Affairs, June 22, 2005.

Calling oneself a "California cell phone accident lawyer" doesn’t make an attorney a qualified California cell phone accident lawyer. Consult the other cell phone accident lawyer web sites and you will find more misinformation than accurate information, some of them actually urging those who visit their sites to switch to hands-free cell phones to avoid endangering their lives. This is completely irresponsible. But being a competent California cell phone accident lawyer means that one must be competent to recognize the good cell phone accident case first, and then to prepare and present the cell phone accident case. In order to do this, the California cell phone accident lawyer must be conversant with scientific methodology, able to read and understand epidemiological and experimental literature and immerse himself in this science to have the firm grounding essential to present the evidence at trial. This is particularly true in California given the cell phone accident lawyer must overcome unfortunate public misinformation about the nature of cell phone driving impairment compounded by the California legislative compromise.

There are extraordinary opportunities for the competent California cell phone accident lawyer to overcome contested liability cases where there is irrefutable evidence from cell phone records that the motorist was driving at the time of the accident while in conversation on a cell phone. There are important opportunities particularly in serious injury auto or motorcycle or bicycle or pedestrian accident cases to obtain complete compensation for the seriously injured auto accident victim when appropriate investigation establishes that the cell phone conversation was business related. But there are huge pitfalls for lawyers who are not well educated California cell phone accident attorneys, and so the choice of an appropriately qualified and educated lawyer is essential.

California Cell Phone Accident Lawyers Must Prepare Their Serious Injury Auto and Motorcycle Accident Cases From the Initial Investigation, Through the Depositions, Build Their Case by Expert Preparation, Undercut the Opponent’s Case at Expert Depositions and Ultimately Present The Case Through Effective Direct and Cross-Examination.

In every serious injury auto or motorcycle accident case the California cell phone accident lawyers must conduct the appropriate investigation to determine whether the other driver was using his cell phone at the time of the accident. This begins by inquiring of the plaintiff and the witnesses, but it is the rare case in which the attention of the plaintiff or the witnesses will have been drawn to see whether the other driver was on the cell phone in the seconds leading up to the accident. Often the cell phone use will go unnoticed, particularly where the cell phone is a hands-free device. The other driver will often not acknowledge that he was on his cell phone. And so the police report may make no mention of the fact.

It is therefore so very important that in every serious injury case and in every contested liability case that the California motorcycle or accident lawyer obtain the cell phone records of the other driver to determine if he was on the phone at the time of the accident.

It is important to establish that the other driver was impaired, and as noted above, in serious injury cases the other driver may be woefully underinsured to compensate the plaintiff for his injuries, and so his only chance for full compensation for his damages may depend upon the California cell phone accident lawyer's demonstrating, when true, that the other party was engaged in business conversation or cell conversation while operating his vehicle in the course and scope of his employment. As described above, this will permit the lawyer to add the employer as a party and hold the employer jointly and severalably liable for the plaintiff's damages, with the employer's insurance and assets available to pay the claim. In addition to obtaining the cell phone records, the competent California cell phone accident lawyer has a number of litigation tools available to him to advance his client's case. The lawyer can send "interrogatories," written questions which the other party is required by law to answer under oath, and he can take the depositions of the other driver and the individual with whom he was engaged in cell conversation at the time of the accident. In this manner, the California cell phone accident attorney can determine the nature of their relationship, and specifically whether it was a business relationship, or prospective business relationship. The California cell phone accident attorney can inquire about the content of the conversation to determine whether it had, in whole or part, a business purpose. In this way California cell phone accident lawyers can establish whether the cell conversation was in the "course and scope of the driver's employment." And with this evidence gain the opportunity to name the employer as a party defendant in the litigation, establish his joint and several liability under California respondeat superior theory. Once established by this type of evidence, the employer's insurance policy and assets may be sought to pay for the full range of damages suffered by the plaintiff which is particularly important where the driver's policy may be insufficient to fully compensate the plaintiff.

Call Mr. Henke toll free or Fill Out the Easy to Submit Auto Accident Case Evaluation Request Form for a free case consultation.

California Cell Phone Accident Lawyers Can Often Obtain Extraordinary Advantages for his Seriously Injured Client By Establishing That the Other Motorist Was Involved in Cell Conversation At the Time of the Accident.

It is important to understand why it is that the cell phone accident lawyer will want to establish that the defendant motorist was on the cell phone at the time of the accident. In many cases, indeed in the majority of serious injury motorcycle and auto accident cases, the other motorist may not acknowledge fault for the accident, and so establishing that he was involved in cell conversation, DUI level impaired and four times more likely to be involved in an accident, can be very important in establishing liability.

But one extraordinary advantage that can be obtained in serious injury auto accident litigation is where it can be established that the other motorist was involved in a business conversation. All too often, again indeed in the vast majority of serious injury auto and motorcycle accident litigation the defendant motorist’s insurance and assets will be woefully insufficient to pay for the damages suffered by the plaintiff. In cases such as these, the evidence of the cell phone conversation can provide what lawyers sometimes call the “deep pocket,” in the employer’s insurance policy and assets. It is appropriate to hold the employer liable, and the California law of vicarious liability reflects that the employer should properly be required to pay for the injuries caused by its employees while in the course and scope of their employment. Given the dangers associated with driving under the influence of a cell phone, responsible employers should adopt written policies against engaging in business related cell conversation while driving and against engaging in cell phone conversation while operating their vehicles in the course and scope of the employer's business. Some leading employers have done this, but most employers still do not. Many even encourage their employees to make business calls, for example, while commuting to and from work. Generally speaking driving to and from work is not considered "within the course and scope of employment" but if the driver is engaged in a business call while driving, we can establish employer vicarious liability. Employers also benefit by the business related calls that the employee conducts on the phone while driving DUI cell phone impaired. It is therefore completely appropriate and just that the employer should be held liable when an employee uses his cell phone for business related purposes while driving.

These two important advantages available to the California cell phone accident lawyer when he can establish that the other auto driver was on the cell phone at the time of the accident will be discussed separately.

The California Cell Phone Accident Attorney’s Use of Evidence that the Defendant Motorist Was On the Cell Phone to Establish Liability in Contested Cases.

It is an unfortunate phenomenon in our modern society, but in a large percentage of auto accident cases the party at fault for the accident will be found unwilling to admit fault. In a substantial number of these "contested liability" cases furthermore, the trial of fault or "liability" comes down to a “swearing contest” or “he said, she said,” as some lawyers are apt to put it. Even where there are witnesses to the accident it is common that witness testimony will conflict. The jury in the auto case is then faced with the conflicting stories and must somehow come to a judgment based often on vaguely grounded assessments of the relative “credibility” of the parties or witnesses. Unfortunately, since the judge will instruct the jury that “the plaintiff bears the burden of proof,” very commonly the jurors in contested liability cases will feel compelled by this instruction to find for the defendant. All too often this will result in a miscarriage of justice.

The California cell phone accident lawyer has the advantage in contested liability cases where he can demonstrate that the defendant motorist was engaged in cell conversation at the time of the accident. When the California cell phone accident lawyer puts on the scientific evidence that the defendant motorist was driving DUI level cell phone impaired at the time of the accident and four times more likely to cause an accident, this can turn a contested liability case into a “no thinker” for the jury. It is powerful evidence, just as a Breathalyzer, urine or blood test demonstrating that the defendant was DUI level drunk at the time of the accident is powerful evidence.

In the Serious Injury Auto Accident Case the California Cell Phone Accident Attorney Will Often Be Able to Obtain for his Client A Much Larger Monetary Recovery If He Can Obtain the Evidence That The Other Driver Was Involved in a Business Related Cell Conversation At the Time of the Accident.

The California cell phone accident attorney’s investigation, including by obtaining the other driver's cell phone records, his interrogation of the parties to the cell conversation during pretrial depositions to determine whether the cell conversation was business related, followed by amendments to the pleadings to bring in the employer, and the competent preparation and trial of the case, can mean the difference between a minimal recovery and a recovery for his client fully adequate to compensate him for his full range of damages..

All too often in serious injury auto accident cases the ordinary auto accident attorney or personal injury lawyer will be unable to obtain a recovery remotely approaching the magnitude of the monetary damages to which his client should be entitled. The client may have been rendered quadriplegic or paraplegic or suffered brain injury or debilitating internal injury or catastrophic orthopedic injury or a limb amputation, unable to return to his profession or work at all for the remainder of his work life expectancy. His measure of damages properly recoverable under the law would include his "general damages" associated with his injury including his "pain and suffering" and compensation for all the things he could have done in his life, the things he commonly did before the accident, like fishing with the kids, which he can’t do now; and then his "special damages," meaning his past and future medical expenses, his loss of earnings and future lost earning capacity. When all these elements of damage are calculated his case might be fairly “worth” millions of dollars. But the auto drivers who most commonly cause accidents are all too often woefully underinsured, usually carrying only statutory minimum liability coverage, and equally as often will have little or no assets from which compensation can be obtained. Indeed, sadly, all too many of these seriously injured clients have been sent on to state run convalescent centers for the remainder of their lives deprived of ability to obtain the state of the art medical technology available for their injuries, deprived also of the dignity of paying their own way, as they have their whole lives.

The appropriately qualified California cell phone lawyer can often make the difference between a pitiful recovery and a recovery for his client which will fairly and fully compensate him for all of his damages.

For many businesses the cell phone is deemed a useful tool for a variety of reasons, too many to enumerate. It may be a part of the employee’s responsibilities to communicate with clients or customers while driving to and from the workplace. With the long commutes of workers to their place of business, employees often use the time to call clients or customers or to communicate with their secretaries, their employers or fellow employees.

But generally speaking when an employee is “commuting” to and from work it is the California law that such communing is not “within the course and scope of his employment,” and so the employer cannot be held liable if the employee is involved in an accident

But if the California cell phone accident lawyer can establish that the employee was involved in cell conversation, and that he was involved in a business related call, the case can be made that he was driving “in the course and scope of his employment.” He was not just "commuting," he was actively engaged in an employment related task at the time of the accident, the cell phone conversation. For the seriously injured client, indeed this can literally mean the difference between just a few thousand dollars in compensation and full compensation for the client's damages. "Respondeat superior" is the California legal theory which provides that where an employee is acting within the course and scope of his employment, the employer is vicariously liable along with employee. The California cell phone accident attorney can amend the complaint to name the employer as a party defendant, and the employer will be held jointly and serverally for the injuries and damages caused by his employee. The employee may have just a minimum liability policy, but the employer may have many millions of dollars in liability insurance and excess coverage, and many millions of dollars more in assets which can be attached to pay the full judgment.

It is particularly important in serious injury auto accident cases that attorneys highly qualified in cell phone accident liability be engaged to investigate and prosecute the litigation.

California Cell Phone Accident Lawyers Should Investigate Every Serious Injury Auto Accident Case in Which They Are Retained As Attorneys, Including Specifically to Determine if there is Phone Record Evidence of a Cell Conversation and Then Follow Through To Determine the Identity of the Other Party to the Conversation, and Investigate the Purpose and Substance of the Conversation.

In every serious injury California auto accident case the lawyer should obtain other driver's cell phone records as a matter of course, and that is whether or not the client or any witnesses noticed if the other motorist was on the phone. But the competent California cell phone accident attorney will not stop there. He will also obtain the name of the other party to the cell conversation and depose under oath both the driver and the individual with whom he or she was in conversation at the time of the accident to determine whether their relationship is in whole or part business related and to determine the subject matters discussed in the telephone conversation. It is in this way that the California cell phone accident lawyer can often establish that the call in which the motorist was involved at the time of the accident was one “in the course and scope of his employer’s business.” Once this is established, the California cell phone accident lawyer will amend the complaint in the case to add the employer as a defendant and put the employer’s insurance policy and assets at risk in the litigation. In this way the appropriately qualified California cell phone accident lawyer can often obtain a settlement for his client fully adequate to compensate his client or if the case proceeds to trial, he will be in a better position to recover through the employer's insurance policies or assets the full measure of his clients damages.

Serious Injury California Auto Accident Cases Are Complex, Requiring Competent Trial Counsel Able to Present Liability and Persuasively Prove Up the Client's Medical and Economic Damages, And They Also Require Competent Cell Phone Accident Investigation and Attorneys Capable and Willing to Learn the Complex Science as Well As Capable of Presenting the Science in Settlement Conferences and at Trial.

Slowly California auto accident attorneys are beginning to realize the importance of investigating every contested liability accident case and every serious injury accident case to determine if the other motorist was on the cell phone. This is important to establish that the driver was DUI level driving impaired. But it is not just determining that the other party was on the cell phone, it is determining who the other party to the cell phone was and whether it was a business conversation.

Appropriately qualified California cell phone accident lawyers will have researched the science, know it backwards and forwards, and have the capacity to apply that knowledge in the context of settlement conferences and at trial. These are not just simple auto accident cases in which the most complicated issue is whether the defendant motorist ran a red light. These are complex cases involving the presentation of complex scientific evidence. Usually good California cell phone auto accident lawyers will have had extensive background and experience in prosecuting cases involving complex subject matter requiring the presentation of scientific evidence, such as medical malpractice cases or pharmaceutical product liability cases which provide them the scientific background essential to gain a firm grasp of the epidemiology and experimental literature, and then to present the more complex case at trial. In every serious injury case arising in California the potential client should consider obtaining qualified California cell phone accident lawyers to represent them.

Our California Cell Phone Lawyers Will Consider Representing those Seriously Injured in Auto or Motorcycle Accident in Northern Central or Southern California Country from Los Angeles to the San Francisco Bay Area, in Orange County and Fresno to San Jose and Oakland, from San Diego to Sacramento.

Our California cell phone accident lawyers are very pleased to consider representing any seriously injured victim of an auto accident in any county in the state of California whether or not it was obvious to witnesses at the time of the accident that the other driver was on the cell phone. You should inquire of any lawyer whom you would consider to represent you whether he or she is knowledgeable about the science and the advantages of demonstrating that the other driver was engaged in cell conversation in the moments leading up to your accident. One in ten drivers on our American roads and highways at any given moment in time is actively involved in cell conversation. However, in most cases, a driver's use of his cell phone will not be obvious either because he or she was conversing on a hands-free device or because the attention of the witnesses was not drawn to the driver until after the accident. Unfortunately, those who cause accidents while on the cell phone also commonly don't acknowledge the fact to the law enforcement officers who investigate the accident. This is why it is so very important to engage the services of a qualified California cell phone accident lawyer in every serious injury auto accident case to obtain the other driver's cell phone records even if you don't know whether or not the other driver may have been on his cell phone or not.. Our California cell phone accident lawyers are also pleased to consider any serious injury auto accident case arising in any County in Northern Central or Southern California, from San Diego to Sacramento, from Los Angeles to the San Francisco Bay Area, from Orange County San Bernardino Ventura and Santa Barbara to Fresno and Santa Clara County, San Jose Oakland and Sacramento. You may contact us by filling out the Cell Phone Accident Lawyers Case Evaluation Form and we will be pleased to provide you a free initial case evaluation. We will be pleased to answer any questions you may have with regard to the science supporting the propositions discussed above. We will be pleased to answer any additional questions you may have with regard to our credentials as trial lawyers or our credentials as California cell phone accident lawyers. Case evaluations are free of charge and imply no obligation whatsoever. We cannot and do not obtain cell phone records as a part of the case evaluation. To do so requires that we bring suit and submit interrogatories and then document requests for the cell phone records. And then, to determine if the call was a business call we must often depose the other driver and the individual with whom he or she was conversing by cell phone at the time of the accident. In the initial case evaluation we will advise you whether your case falls within the Henke Law Office intake guidelines and we may offer to represent you. Please understand that merely viewing this site or submitting a case evaluation request or speaking with Mr. Henke about your case cannot create an attorney-client relationship with Mr. Henke or the Henke Law Office. The only way to enter into an attorney-client relationship with Mr. Henke or the Henke Law Office is by a written attorney-client retainer agreement signed both by the client and Mr. Henke. This web site is provided for informational purposes only and should not be considered or relied upon as legal advice. We do not provide legal advice outside the context of an attorney client relationship. Our best recommendation is that you obtain legal representation in your case and that you obtain appropriately qualified legal counsel to represent you. Again, our California cell phone accident lawyers are pleased to review your case whether you were injured in Los Angeles or the San Francisco Bay Area, San Diego Orange County San Bernardino Ventura Fresno Oakland Santa Clara San Jose Sacramento or any other city or country in the State of California.