

The California Motorcycle Accident Lawyers SITEMAP

California Cell Phone Motorcycle Accident Lawyers

Our California Motorcycle Accident Lawyers Can Make The Difference With Our Investigation and Presentation of Evidence That the Other Driver Was Operating His Vehicle "DUI Under the Influence of a Cell Phone."

In serious injury motorcycle accident cases it is vitally important to obtain highly qualified California motorcycle accident lawyers fully educated about the important litigation strategies available from demonstrating that the other driver was on involved in cell phone conversation at the time of the accident. Motorcycle accident attorneys who have fully researched the epidemiological studies and the controlled experimental literature on driving impairment resulting from cell phone conversation can turn a questionable disputed liability case into a good liability case.

In all to many serious injury motorcycle accident cases the other driver will be woefully underinsured to compensate the motorcyclist for his injuries, pain and suffering, past and future medical expense and past and future lost earnings and earning capaicty. California motorcycle accident lawyers who are educated on the stratigic importance of investigating whether the other driver was involved in cell conversation at the time of the accident can often also identify other sources of insurance that will assure that the motorcyclist is fully compensated for his full measure of damagtes, such as where they the other driver was involved in a business related cell conversation in the moments leading up to the accident.

Our California motorcycle accident lawyers have fully researched all of the epidemiologic and controlled experimental literature yielding results which demonstrates those who driver under the influence of cell phones are DUI level driving impaired and 4 times more likely to cause an accident. Since those who driver under the influence of cell conversation are as impaired as drivers DUI under the influence of alcohol, in contested liability cases with conflicting party and witness testimony, proving that the other driver was involved in cell conversation at the time of the accident can be as powerful as demonstrating that the other driver was DUI under the influence of alcohol.

Perhaps the most important contribution that a California motorcycle accident lawyer can make to the case of his seriously injured client is to locate insurance adequate to pay the full measure of his client's damages. In all to many serious injuy motorcycle accident cases the other driver will be woefully underinsured, most commonly carrying only the statutory minimum liability policy limit coverage. Unfortunately, many personal injury lawyers unknowledgeable about the stratigic use of cell phone evidence will be unable to obtain more than the small insurance policy recovery. It is essential, particularly for motorcycle accident lawyers, whose clients are often seriously or catastrophically injured, to fully educate themselves on the relevant science and gain an adequate appreciation for the litigation advantages which can be obtained by appropriate investigation first to discover whether the other driver was on his cell phone at the time of the accident and then to discover the nature and content of the conversation. The qualified California cell phone motorcycle accident attorney can often obtain full compensation for his client's damages. The lawyer can accomplish this, for example, by conducting the appropriate discovery to demonstrate that the other driver was involved in a business related conversation at the time of the accident, "in the course and scope of his employment.".

The California motorcycle accident attorney should begin by obtaining the other driver's cell phone records. The appropriately qualified California cell phone accident lawyer will then notice the deposition of the other driver and through interrogatories he will obtain the identify of the other party to the cell conversation and subpoena him to deposition too. The cell phone accident lawyer will then interrogate the defendant driver at his deposition and interrogate the other party to the call separately to find out the nature of their relationship, including whether their relationship had any business or prospective business aspect, and the attorney will painstakingly elicit the content of the conversation from each.

If it can be established that the call had a business purpose, "in the course and scope" of the driver's employment, then under California law, the employer is vicariously liable. The legal name for the doctrine is respondeat superior. The effect is to render the employer jointly and severally liable to pay the full measure of the damages. The employer may be named as a defendant, and the employer's insurance and assets may be targeted for recovery either by settlement or by execution of the judgment following trial.

Our California Cell Phone Lawyers Obtain The Other Party's Cell Phone Records In Every Serious Injury Motorcycle Accident Case.

If the Henke Law Office is retained to prosecute your serious injury motorcycle accident lawsuit our highly regarded California motorcycle accident lawyers, with the full appreciation for the advantages of proving that the other driver was engaged in cell conversation at the time of the accident, will obtain the other driver's cell phone records, and that is regardless whether or not any witnesses observed the other driver using a cell phone. Why? First because the evidence can be so very important to the case. But we also consider it a good statistical "bet" that the other driver may have been on his cell phone. Consider the statistics that one out of every ten drivers on our American highways at any given moment in time is actively involved in cell conversation, and that each of these drivers is four times more likely to cause an accident. Many times the attention of witnesses will not be drawn to the driver, sometimes he or she will be using a hands-free device, and, unfortunately, drivers all too often fail to acknoledge to the police that they were using their cell phone at the time of the accident. We obtain the other driver's cell phone records in every serious injury motorcycle accident case; and then, if the cell phone records substantiate that the driver was on his cell phone at the time of the accident, we will interrogate the defendant driver and the other party to the cell call to find out whether they had a business or prospective business relationship, and we will interrogate each to determine the nature and content of the cell conversation.

The evidence that the other driver was on his cell phone at the time of the accident can also be important in contested liability motorcycle accident cases to demonstrate that the other driver was DUI level driving impaired, just as seriously impaired as the DUI drunk driver. It is indeed unfortunately but all to often in motorcycle and auto accident cases the party at fault will not acknoledge his fault. In some contested liability cases it may come down to what lawyers call a "he said - she said" credibility contest between the plaintiff and defendant; in other cases there may also be conflicting independent witness testimony. The burden of proof is on the plaintiff, so it becomes essential to tip this ballance to prove liability. With cell phone records proving that the other driver was involved in cell conversation at the time of the accident provides powerful evidence to tip the ballance, because the epidemiological literature and controlled experimental studies demonstrate that those who drive while talking on their cell phones are DUI level driving impaired and 4 times more likely to cause an accident. The Henke Law Office has compiled all of the scientific literature, much of it cited and discussed below. One product of that research is that, contrary to conventional wisdom, any cell phone conversation, whether a handheld device or hands-free device, results in the identical DUI level driving impairment and 4 fold increased likelihood that the driver will cause an accident. If this evidence is presented by competent California cell phone accident trial lawyers, fully knowledgeable about the science, it can snach victory from the mouth of defeat. The attorney will present the evidence persuasively at settlement conferences, often obtaining a full recovery without the necessity for trial, or he will present the evifdence at the trial by use of appropriately qualified experts, and by his use of his persuasive educated logic in closing argument.

Since in the vast majority of serious injury motorcycle accident cases the other driver will be sorely underinsured to pay for the plaintiff's injuries, past and future medical expense and past and future earnings losses, we obtain the cell phone records; we propound written interrogatories to require the defendant driver to disclose the name and address of the other party to the cell call. We then notice the deposition of the defendant driver, meaning that we compel him to come to our office and interrogate him. And we do, not just get his story about how the accident occurred, we elicit his sworn testimony as the the nature of his relationship with the person with whom he was conversing at the time of the accident, and each of the subject matters discussed in the conversation. We also subpoena the other party to the conversation to come to our offices to be deposed and we interrogate him also about any business relationship or prospective business relationship with the defendant driver and the subject matters discussed in the conversation. Sometimes our investigation into the relationship of the defendant and the other party to the call can be more involved. If we find that the parties are in the same or related businesses, we may depose representatives of their employers about any relationship between the businesses. The depositions of the parties and other appropriate investigation can often yield information extremely important to the case when they disclose evidence that the call was made "in the course and scope" of the defendant's employment." The employer can them be named as a defendant in the litigation and held vicariously liable for the full measure of damages recoverable by the plaintiff, the cases are then often settled at full value or any judgment obtained upon the trial can be executed against the employer's insurance and assets as it will be jointly and serverably liabile to pay the claim under the doctrine of respondeat superior.

To illustrate the effect of demonstrating the employer liability, in our most recently settled motorcycle accident case we obtained a multimillion dollar result for our our client. He was riding is motorcycle on a revoked license, splitting lanes, pulling out to turn left at an intersection between cars in the two left turn lanes, when he was hit by a vehicle which ran the light. It was not known prior to our agreeing to serve as the motorcyclist's attorneys that the other party was driving his vehicle in the course and scope of his employment at the time of the accident, but after we established the fact we named the other driver's employer. The driver had a $15,000/$30,000 minimum liability auto insurance policy; but the employer had a million dollar policy and we discovered a multimillion dollar excess policy. Attorney Henke took the deposition of the police officer who investigated the accident who acknowledged under Mr. Henke's interrogation that his client's splitting lanes, even two left turn lanes, was legal in California and not a causal factor in the accident. We settled the case in less than a year, recovering $2,500,000.00 for our client. If another lawyer had not appropriately investigated the case and determined that the other driver was driving "in the course and scope of his employment, the motorcyclist could have been left with only a $15,000 recovery. This is why it is so very important to obtain appropriately qualified legal counsel particularly in serious injury cases. And where the insurance is limited, it is particularly important to obtain California cell phone accident attorneys who fully understand both the science and the litigation advantages of investigating fully the other driver's cell phone records and the nature and content of the cell conversation.

Our California Motorcycle Accident and Cell Pone Lawyers Are Also Superior Trial Lawyers.

In addition to being highly qualified California cell phone accident lawyers, we are also very highly accomplished and respected trial lawyers. Attorney Henke is "AV" rated by Martindale & Hubbell, the most highly regarded national attorney rating directory in the United States, the only attorney rating directory which bases its ratings on interviews with judges and respected lawyers in the attorney's legal community.. "A" according the the Martindale Hubbell ratings is defined as "very high to preeminent" in "legal ability"; "V" is defined as "very high" in "general ethical standards." As explained by 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."

Motorcycle accident attorney Ray Henke was elected Governor of the Los Angeles Trial Lawyers Association (renamed the Consumer Attorneys Association of Los Angeles), the fifth largest trial lawyers organization in the United States. LATLA nominated Henke "Trial Lawyer of the Year" among other awards and honrs.. Over his 20 year carreer as a trial lawyer he has obtained many multimillion dollar settlements and verdicts, most of them in complex cases, ranging from motorcycle accident cases, to medical malpractice and pharmaceutical product liability cases, providing him the scientific background to read and understand the cell phone epidemiological and experimental literature.. Henke is a member of the Million Dollar Advocates Forum, often referred to as the most selective trial lawyer organization in the United States. You may consider further attorney Henke's other credentials described in part below and on the other pages of this web site.

After considering our qualifications, we welcome you to Contact the Henke Law Office for a Free Attorney Case Consultation. We welcome the opportunity to review your case with you and will consider representing those seriously injured in 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 motorcycle accident lawyers for all of California.

Our Henke Law Office California Motorcycle Accident Attorneys Will Consider Representing All Those Seriously Injured in Motorcycle Accident Cases, And We Will Investigate the Cases for Cell Phone Use Whether or Not it is Known That the Other Party was On the Cell Phone At the Time of the Accident. We do Not Distinguish Between Cases Involving Handheld Devices or Hands-Free Devices, Because the Scientific Evidence Establishes That the DUI Level Impairment Is The Same. We Represent Those Seriously Injured in Motorcycle Accidents in Southern and Norther California, from Los Angeles to San Francisco and the Bay Area, from Orange County to Oakland, and from San Diego to Fresno, San Jose and Sacramento.

In every serious injury California motorcycle accident case, it is essential that the cell phone records be obtained whether or not it was observed that the other driver was on a cell phone. One in ten drivers on our American highways at any given moment in time are actively involved in cell conversation, the other driver may not admit to the police that he was on the cell phone at the time of the accident, 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.

More and more commonly each year the other driver may be conversing by use of a hands-free cell phone which witnesses are much less likely to notice. Contrary to "conventional wisdom" hands-free cell phone conversation results in the same DUI level impairment as handheld cell phone conversation and 4 fold increased likelihood that the driver will cause the accident. It is not holding the phone that causes the impairment. This is just one reason why it is so very important that the seriously injured motorcycle accident victim obtain appropriately qualified California cell phone accident attorneys whose first obligation should be to have the knowledge to be able to recognize the cases in which the scientific evidence of the DUI impairment can provide the advantage..

If you were injured in any county in Northern Central or Southern California you are welcome to submit the California 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 handheld or hands-free 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 in any serious injury motorcycle 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 motorcycle accident occurred in Northern, Central or Southern California. Our cell phone accident lawyers will consider representing those seriously injured in motorcycle 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 trial lawyers pleased to consider serious injury motorcycle accident cases arising in any county in the state of California.

Below we will introduce attorney Ray Henke, one of the very few truly highly qualified California cell phone accident lawyers. Below that we will summarize the scientific literature with regard to the DUI level driving impairment associated with driving under the influence of any cell phone, and demonstrate also that conversation by handheld and hands-free devices results in the same DUI level driving impairment and same 4 fold increased likelihood that the driver will cause an accident. Below that we will discuss further the advantages that a highly qualified cell phone accident lawyer can bring to your case.

California Lawyers, in Order to be Qualified Cell Phone Accident Attorneys, Must First be Sophisticated Lawyers with Broad Experience in Complex Litigation. They Must Be Able to Comprehend the Scientific Literature Demonstrating the DUI Level Cell Phone Driving Impairment, and Must be Able to Present the Complex Scientific Evidence at Settlement Conferences or at Trial.

California motorcycle accident attorney Ray Henke is one of the most well known lawyers in the United States as having published on the scientific literature substantiating the DUI level dangers associated with driving under the influence of cell phone conversation. He has written a number of scientific review articles on the subject which have been widely cited, circulated and reprinted in numerous media. One such article is adapted for this site 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 motorcycle accident lawyer with a sub-interest in cell phone accident litigation, Mr. Henke has also been broadly involved nationally in consulting with advocacy groups lobbying for comprehensive cell phone bans, and has inclueded advocacy for cell phone bans as a part of the mission of Motorcyclists-Against-Dumb-Drivers, a Bikers Rights - Motorcycle Safety Advocacy Group whieh Henke founded.. M-A-D-D advocates laws which restrict the use of both handheld and hands-free cell phones while driving. Attorney Henke has indeed devoted substantial time and personal resources to his national advocacy to outlaw cell phone use while driving.

Attorney Henke is a highly successful and accomplished trial lawyer. In addition to motorcycle accident litigation he has prosecuted some of the most complex scientific litigation tried in our federal and state courts. This is important because this was litigation which demanded the same research, comprehension of the scientific literature, preparation of expert witnesses and presentation of the scientific evidence at trial as is essential to the preparation and presentation of cell phone accident litigation. For example, attorney Henke has prepared and presented the most complex of pharmaceutical product liability cases and medical malpractice cases. Attorney Henke has developed a strong background in the scientific meathod, and is able to read and understand the methodology and results sections often ignored by attorneys who read only the abstrat or discussion sections. He can and has interrogated some of the most prominent scientists in a variety of fields, including epidemiology, sometimes for days in deposition or on the witness stand. Indeed, Mr. Henke was initially trained by some of the most highly regarded epidemiologists in the country in the context of preparing complex pharmaceutical product liability litigation. And that type of education and experience is absolutely essential when it comes to preparing and presenting cell phone auto liability litigation. The evidence of the DUI level driving impairment and the four fold increased likelihood that the cell phone impaired driver will cause an accident indeed derives from the epidemiological literature, the extensive experimental literature and the new neurological literature, discussed in part below in the adapted Cell Phone Driving Impairment Literature Review presented here.

Attorney Henke is well recognized nationally as a sophisticated trial lawyer specifically in pharmaceutical and medical litigation. His trial accomplishments specifically in complex medical and pharmaceutical product liability cases have been chronicled widely in the national 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 legitimate newspapers. Henke's legal work and cases have also been covered in local and national legal magazines and journals, from a feature articles in California Lawyer toa feature article in the National Law Journal, as examples. Attorney Henke has appeared on national and international television, from Tom Brokaw's NBC Evening News to CNN. He has also testified before Congress at the invitation of the Chairman of the US House Judiciary Committee, again specifically with regard to his prosecution of complex pharmaceutical and medical litigation, as well as on the societal utility of punitive damages.

We have suggested what we consider are important consideration whyr anyone seriously injured in a motorcycle accident should want to chose an motorcycle accident attorney with a background in science and knowledgeable about the litigation advantages where it can be established that the other driver was operating his vehicle under the influence of a cell phone. It is indeed only by the intensive research of the epidemiological, controlled experimental, and neurological literature that the attorney can hope to adequately demonstrate the magnitude of DUI level cell phone driving impairment. And it is indeed the attorney's appreciation of the strategies and advantages to be obtained in cell phone accident litigation, which sets the competent cell phone accident attorneys apart from ordinary personal injury or motorcycle accident lawyers.

On our separate page we will discuss briefly the scientific literature demonstrating the DUI level driving impairment and 4 fold increased incidence of accidents associated with driving under the influence of a cell phone. Please review our adapted �Cell Phone Accident Scientific Review Article� for the more full discussion of the science.

We represent motorcycle accident victims in every county in the state of California. If you were seriously injured in Los Angeles, the San Francisco Bay Area, San Diego, Orange County, Fresno, San Jose, Oakland or Sacramento, please feel welcome to complete the California Cell Phone Accident Attorneys Contact Form. We are pleased to offer our initial case consultations free of charge and without any obligation. We welcome to opportunity to speak with you.

The California Motorcycle Accident Lawyers Will Represent Motorcycle Accident Victims Anywhere In Northern, Central or Southern California.

The California Motorcycle Accident Lawyers will represent victims of motorcycle accidents in any county in the state of California. You may contact California motorcycle accident attorny Mr. Henke by calling his personal law office telephone line, toll free (877) 377-3233, and you will speak directly with Mr. Henke. You may also submit an e-mail "California Motorcycle Accident Lawyers Questionnaire" by clicking any of the "Contact" buttoms on this page, and Mr. Henke will respond within 24 hours. Consultations with Mr. Henke are free of charge. The California Motorcycle Accident Attoneys serve all of California in every county from Los Angeles County and Orange County to Marin County to San Juaquin, Kern County, Ventura. County, Imperial County, Kings County, and the Inland Empire. The California Motorcycle Accident Attorneys represent bikers in Southern California from San Diego to Los Angeles and Beverly Hills in motorcycle accident cases also arising in Pasadena and Santa Monica, the San Fernando Valley Burbank Van Nuys Encino Sherman Oaks Thousand Oaks Torrence and Woodland Hills, east to Pomona Santa Ana Bakersfield Riverside and San Bernardino, and up to Ventura County and Santa Barbara. The California Motorcycle Accident Attorneys represent bikers in motorcycle accident cases in Northern California, all the San Francisco Bay Area, San Jose Santa Clara Palo Alto Berkeley and Oakland up to Sacramento and in motorcycle accident cases arising in Fresno all of Central California.

Consultations are free of charge. As is this web site, consultations are informational only. An attorney-client relationship between you and Mr. Henke cannot be created by a consultation, or by sending an e-mail or by consulting Mr. Henke by telephone. The only way an attorney-client relationship may be established with Mr. Henke or the Henke Law Office is by a written contract signed by the client and Mr. Henke. You are free and encouraged to consult Mr. Henke and to consult any other lawyers who you would consider to represent you, to inquire as to their qualifications, and then enter into an attorney-client contract with the attorneys who you would consider most qualified to represent you. You may ask Mr. Henke and any other lawyer what his fees are. Mr. Henke works only on a contingency fee basis, where the client is not obligated to pay fees or costs until the case is completed. Again, to consult Mr. Henke with regard to your case is absolutely without any charge.

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California motorcycle accident attorney Henke provides free consultations which you may avail either by telephoning Mr. Henke or by filling out an e-mail "California Motorcycle Accident Lawyer Questionnaire." Merely contacting California motorcycle accident attorney Henke by telephone or by Questionnaire, and receiving a consultation with regard to your case, however, does NOT and cannot create an attorney-client relationship between you and Mr. Henke or his firm. The ONLY way that an attorney-client relationship can be created with Mr. Henke or his firm is by a written attorney retainer agreement signed both by the client and by Mr. Henke. This California motorcycle accident lawyer web page and the other pages of this web site are provided for informational purposes only. It is not intended as legal advice and should not be interpreted as legal advice. Mr. Henke is licensed to practice law before all courts of the state of California. The California motorcycle accident lawyers are your California lawyers of choice, serving all of Southern, Central and Northern California. Mr. Henke will consider representing clients in any court in any county in the state of California. He is therefore your California motorcycle accident lawyer of choice. He is your California motorcycle accident attorney with the credentials and track record. Mr. Henke is AV rated by Martindale & Hubbell, he is a member of the prestigious Million Dollar Advocates Forum, and is a former Governor of LATLA, nominated by this fifth largest trial lawyer organization in the United States for the prestigious "Trial Lawyer of the Year Award." You may consider him your California motorcycle accident lawyer with the credentials for your case. Because motorcyclists don't often think of contacting a motorcycle lawyer, Henke can also be referred to as a California auto accident lawyer auto attorney or California car accident lawyer. His firm can be referred to as California California motorcycle accident lawyers or California California auto accident attorneys. He is a biker himself, with personal knowledge of the "physics" of motorcycle riding. To consider his legal credentials as your California motorcycle attorney see the "Trial Lawyer" page. And to consider his biker lawyer credentials, consider the "Biker" page. "It's all about understanding - like understanding why you can't just slam on your brakes when a car pulls out in front of you as you are turning � That's what a biker like Henke, your California motorcycle accident lawyer can do for you that an auto driving personal injury lawyer can't." You may consider the law firm California California motorcycle accident attorneys or California auto accident lawyers. Sometimes the words attorneys and lawyers are misspelled, including by Mr. Henke. If you call him a California atorney or laywer he won't be offended, or California motorcycle accident attornies or attornies or California motorcycle attourny laywers California atourney. Mr. Henke is a successful motorcycle accident lawyer and he is your motorcycle accident lawyer with the credentials and track record. You are welcome to consult him as the California motorcycle accident attorney for your case. His law firm serves California and every other city and county in the state of California. He would welcome your call and would be pleased to provide you a free consultation. Please keep in mind that this California motorcycle accident lawyers web page and this California motorcycle accident attorneys web site is provided for informational purposes only. It is not legal advice and should not be interpreted as legal advice. The California motorcycle accident attorney consultations are provided free of charge. Please keep in mind that neither viewing this California motorcycle accident lawyer web page nor contacting California motorcycle accident attorney Henke can create an attorney-client relationship between you and Mr. Henke or his law firm. The only way to create an attorney-client relationship with attorney Henke or his firm is by a written attorney retainer agreement signed both by you and by Mr. Henke.