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Cell Phone Records Used To Prove Distracted Driving
Cell Phone Records Used To Prove Distracted Driving- Virginia Attorney Paul Hernandez explains Listen as Paul Hernandez discusses a case in which cell phone records made the difference in a motor vehicle accident case involving a collision with a pedestrian who was retrieving his dead dog from the road. Our client was carefully crossing the street on the way back to his house while bringing back the body of his dog that had excitedly wandered into the road and been struck by two cars. Unfortunately for our client, a distracted driver at the scene did not see him, and our client was severely wounded. The driver exited his car after pulling over, and our client told us that the driver had a phone to his head and told the person with whom he was speaking that he had just struck someone on the road. The police arrived, and our client was taken away in an ambulance. When the time came that our client was released from the hospital, he filed a claim for the lost wages and eighty thousand dollars in medical bills resulting from the collision. He was shocked to find that the police report made no mention of the driver's cell phone use, and based on that report. The insurance company denied the claim, blaming our client for being in the street. We filed suit, and we took a deposition in which the driver stated three times under oath that he had not been using a cell phone at the time of the collision.
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