About Los Angeles Accident Center

TV shows and movies that take place in a courtroom put a heavy emphasis on closing statements at the end of a trial. The lawyers make their dramatic final pleas and set the case up for a fruitful and satisfying ending for viewers. However, what is rarely shown are the other parts of the trial that make the closing statements possible.

What is Direct Examination?

One of these important parts is direct examination of a witness. Cases are won and lost on excellent or poor direct examination performances. Direct examination is a sequence of open-ended questions by an attorney. They are directed at a witness who has been called to give testimony in the case. The point of direct examination is to show who the witness is and develop the facts in a logical sequence.

Direct examination allows the witness to tell a story. It is up to the attorney to make sure that the story is told in a way that is beneficial to their side of the case. To do this, the attorney needs to do their due diligence and research the witness to make sure that the questions asked tell the story they want to be heard. You do not want to be surprised at trial when a witness offers too much, not enough, or conflicting information.

Who are the Witnesses?

There are several types of witnesses that can be called for direct examination. The main three are eyewitness, character witness, and expert witness. An eyewitness saw something that is relevant to the case. In a personal injury case, they may have seen the accident or even been in the car with either the accused or the injured.

A character witness gives testimony about the character of someone in the trial. These are generally only called for criminal trials or if someone’s reputation is being questioned during a civil trial. The rules of evidence can be tricky to understand as they apply to character witnesses, so it is a good idea to find an attorney who knows how and when to call them.  

An expert witness is someone who has knowledge about something that is not commonly known by the judge or jury. Common examples are:

• Handwriting
• Fingerprint
• Evidence, or
• Weapons experts at a criminal trial.

For a civil trial, doctors, nurses, and scientists are often called. They provide an opinion that is based on the facts of the case and their relevant background. They draw a conclusion and compare it to what happened in the actual case.

What Are the Rules of Direct Examination?

In California, the rules of direct examination of a witness are found in the California Evidence Code. There are some different rules for questioning expert witnesses, but the types of questions that may be asked are similar.

Leading should not be used during direct examination. These are questions that are suggestive of what answer is wanted in the actual question itself. It may be impossible to exclude all leading questions, but the practice should be used sparingly.

There is a difference between direct examination and cross-examination. Direct examination is done by the attorney that called the witness to court. In contrast, cross-examination is when the opposing side’s lawyer, the one who did not call the witness, gets to ask questions. These questions are more direct, usually resulting in yes or no answers. The purpose is to impeach the witness or make them seem less credible.

Common Direct Examination Questions

Common direct examination questions are generally asked first. The purpose of this is to lay the groundwork to establish who the witness is and why they are relevant to the case. 

The basic questions are usually who, what, where, when, and why issues. Examples of basic questions include:

• What is your full name?
• Where do you live?
• Where do you work?
• How do you like your job?
• What is your educational background?
• How many children do you have?
•  What is your expertise in this subject? (For expert witnesses)

If it is a jury trial, these questions also help jurors relate to the witness which can be beneficial to the outcome of the case. 

More In-Depth Direct Examination Questions

Once the lawyer has asked the basic questions that allow the witness to present their background, it is common that the lawyer will ask more in-depth questions. These questions often relate to the case directly.

For example, the lawyer may ask the witness where they were on a certain day at a certain time. The lawyer can also ask the witness to describe how they were feeling or what they saw or experienced.

Once the lawyer has completed their questioning, the opposing side will be given a chance to cross-examine. It is here that the lawyer will be able to see if their direct examination techniques hold up or if the opposing counsel is able to poke holes in their witness’s testimony. 

Driving is an incredibly popular yet inherently dangerous activity. To operate a vehicle safely requires your full attention. Anything that takes the focus off the road can lead to an accident. This includes things like eating, looking at your navigation system, talking on your cell phone, or even having a heated conversation with a passenger.

By the numbers, distracted driving causes over 3,000 deaths per year. Texting while driving is the most troubling of all forms of distracted driving. It reportedly takes your attention off of the road for at least 5 seconds. For that reason, a number of states and cities are passing regulations aimed at cracking down on this form of distracted driving.

The Hands-Free Law in Austin

The city of Austin passed an ordinance to curb distracted driving-related accidents in 2015. The ordinance prohibits the use of electronic hand-held devices while driving a car or operating another vehicle, such as a motorcycle or motorhome. Failure to comply with the law can result in a fine of up to $500. Things can get worse if you get into a car accident in Austin while texting.

Included in the definition of hand-held devices are cell phones, laptops, personal digital assistants, music players, GPS/navigation systems, gaming devices and pagers. Unpermitted use of these electronics includes any activity that requires the driver to touch the device. Examples would be dialing phone numbers, viewing images, browsing websites, sending or reading texts, and playing games.

However, the ordinance does allow for the use of these devices in cases of emergency. But, the driver would be required to first bring the vehicle to a complete stop before engaging with the device. 

Now, it is important to note that this law does not apply to passengers. Further, hands-free devices used by the driver are permitted. An example would be a cell phone call connected through Bluetooth and utilizing the vehicle’s speakers.

Additional Texas Laws on Distracted Driving

The state of Texas has also made efforts to reduce distracted driving. In 2017, the state passed a law that completely bans texting while driving. Further, the law states that if a texting-related accident results in death or serious bodily injury, the texter can be charged with a misdemeanor. The misdemeanor is punishable by a fine of up to $4,000 or up to one year of jail time.

It is important to note that this law only applies to reading, writing, or sending electronic messages. This means that it does not regulate other forms of distracted driving, such as using a GPS system or talking on the phone.

Keep in mind that the law places a few other limits on the use of electronic devices while operating a vehicle. Drivers are not allowed to use hands-free devices in school zones. Further, drivers under the age of 18 and school bus drivers are prohibited from using cell phones for calls or texts, even hands-free devices.

Distracted Driving Laws in Los Angeles

Similar to Texas, California has passed a few laws related to distracted driving. Except in cases of emergency, California drivers may not use hand-held devices while driving. The fine for violation of this statute ranges from $20-$50. However, note that these violations do not result in points being added to your driving record.

Now, drivers in California are generally permitted to use hands-free devices. The exception would be if you are under 18 years of age. Minors are completely barred from using cell phones while driving. There is also a separate law that bans texting while driving. Fines for violating this statute start at $20.

Comparison of Distracted Driving Laws

As you can see, states are grappling with the question of how to encourage distraction-free driving. Many have passed laws to punish distracted driving, using both fines and even jail time in some cases. The main variation across state lines appears to be the severity of the punishment.  

At present, the city of Austin and the state of Texas have stricter regulations than California. In fact, the fines for using hand-held devices in Austin are nearly tenfold higher than in Los Angeles. Further, Texas has a much harsher criminal penalty if an accident results from a driver texting. 

Now, given the number of drivers on the road in Los Angeles, there is a lot at stake with simply maintaining the status quo. Instead, motorists could benefit from stricter penalties like those enacted in Austin and Texas. These laws would help deter dangerous and potentially deadly distracted driving behaviors.