Download - 2015 STS - Witness Prep to Win
What Do You Do Now?
Larry Bowman & Alan RuckerKANE RUSSELL COLEMAN & LOGAN, PCDallas │ Houston
Robert MooreCHIEF LEGAL OFFICER
NationsBuilders Insurance Services, Inc.
Who to Call?
• Lawyer• Have Pre-Selected / On Call
• Instruction
• Establish Privilege
• Emergency Response
• Accident Reconstruction Expert• On Scene ASAP
• Liability Issues and Strengths of Case Identified Immediately
• Develop Legal Theories Early On
Accident Scene
• Physical Evidence• Road Conditions, Features, Skid/Gouge Marks, Damaged Railings, Debris Pattern, etc.
• ECM (Electronic Control Modules)
• Vehicle speed, brake application, percentage throttle, engine RPM, cruise on/off
• Inspect Vehicles
• Product Liability, Tire Tread, Brake Systems, Lighting, Registration/Inspection Stickers, Alcohol & Drugs, Food & Beverages, Cell Phones /Devices, etc.
Accident Scene (continued)
• Witnesses• Your Driver
• Passengers
• Other Drivers
• Onlookers/Bystanders
• Record Statements of Favorable Information
• Law Enforcement/Governmental Representatives
Accident Scene (continued)
• Document Agencies / Authorities at Scene• State and/or Local Law Enforcement
• DOT: Department of Transportation
• NTSB: National Transportation Safety Board
• EPA: Environmental Protection Agency
• OSHA: Occupational Safety and Health Administration
• ATF: Bureau of Alcohol, Tobacco, Firearms and Explosives
• Designate Company Representative to Communicate with Agencies
Accident Scene (continued)
• Video Footage / Photos• Cell Phones
• First-Responders / Dash Camera
• Department of Transportation Cameras
• News Coverage
• On-Line Photos (Social Media, YouTube, etc.)
• Store Security Camera
Preservation of Evidence
• Litigation Hold
• Within Organization
• (1) Don’t Destroy Anything
• Paper Documents
• Electronically Stored Information
• Suspend Document Retention Schedules
• (2) Don’t Say Anything
• Written Requests to Third Parties to Preserve Evidence
Prepare Company Representatives / Employees How to Respond
• Employees to Graciously Decline Interviews
• Designate Corporate Representative to Provide Interviews / Interface with Media
• Instruct Employees Not to Discuss with People Outside of Company
• Do Not Discuss on Social Media
Litigation
• Preparing Witnesses• What Driver Should Be Prepared to Answer
• Corporate Representative
• Safety Director
• The Best Story Always Wins
Wrap-up
• If you would like a copy of Larry’s Presentation of Jury Selection/Voir Dire or to discuss any topics covered today, please feel free to contact him at [email protected] or (214) 777-4235