Automobile Accident Investigation
Automobile Accident Investigation by Texas Automotive Defect Accident Attorney Justin A. Hill
Automotive product liability cases are unique and complex. They often require expertly performed investigations and reconstructions. There are many steps that should be followed in investigating a potential automotive defect case. In any automotive defect case, it is crucial to quickly obtain a careful and complete analysis of the accident scene. You may need to photograph and analyze the scene at the same time of day, during the same season and with the same type of weather conditions prevailing as were in effect at the time of the collision so that you do not miss what may have been causative factors in the collision.
Further, you must be alert to any changes that have occurred in the scene since the time of the accident, whether you are shooting in the immediate aftermath or long thereafter. The vehicles involved in your collision may themselves have altered the surroundings, and there is an endless array of change that weather, time and third parties may have wrought on the scene. For example, speed or other cautionary signs may have been added after the collision, perhaps in response thereto. You will find that most signage in Texas has on its back a notation of the month, day and year on which it was installed.
On-scene photographs, if available, may be particularly important. They may be available from an investigating officer, police department, newspapers, etc. The “uncropped” photographs should be requested from the investigating body that took the on-scene photographs. The entire photograph, rather than prints which may have been cropped, is preferable.
1. Photographing the Scene
The accident scene should, if possible, be photographed from all directions. If an intersection was involved, the scene should ordinarily be photographed from all four directions. If the accident occurred on a straight-away, the highway should be shot at considerable distance from both directions. You may also wish to obtain aerial photographs, which can be important if the accident scene involved curves or multilevel interchanges. If a licensed surveyor is retained to shoot the photographs, he will make a helpful witness at trial. Aerial shots are best done at noon, when the shadows cast by power poles, etc., will not interfere with your view. In photographing the scene, make certain that you photograph fences, billboards, signs, trees, or anything else that may have obstructed the views of the drivers. Warning and speed signs should of course be noted.
Check carefully for gouge, scrape or skid marks in the roadway or surrounding off-road areas. The surface of the roadway must be noted and its role in the accident analyzed. A smooth, worn roadway often loses its skid resistance as it ages. Also, be alert to the possibility that the roadway may have been resurfaced since your collision. That information can be obtained, via a written request, from the Texas Department of Transportation.
Obtaining DPS or police department photographs of the accident scene taken on the date of the accident is critical in automotive product defect cases. Tire patterns or marks left on the roadway and surrounding areas are significant reconstruction evidence to determine: (1) the pre-impact travel direction of involved vehicles; (2) the pre-impact orientation of the vehicles; (3) the relative speeds of the involved vehicles; (4) the location of the point of impact; (5) the post-impact movement of the involved vehicles; (6) the post-impact velocity and decelerations of the involved vehicles; and (7) the paths of travel to the points of rest of the involved vehicles. Early photographs are critical for any reconstruction of rollover collisions. Further, such photographs may be useful in fuel system cases to determine: (1) the point at which fuel escaped; (2) the point on the road when fuel ignited; (3) the manner in which the fuel source of the fire (and from which vehicle); and (4) the possible ignition sources of the fire. In seatbelt failure or door latch failure cases, scene photographs may be of assistance in documenting when an ejection occurred, or the post-ejection path of the travel of occupants ejected, or the point of impact with the ground between ejected occupants and other vehicles or the ground.
Good on-scene photographs will document marks that will disappear quickly with the passage of time. With on-scene photographs, your accident reconstructionist can utilize photogrammetry techniques to determine the exact location of marks and other physical evidence which existed at the time of the accident, but which has long since disappeared through the passage of time.
2. Measuring the Scene
When taking measurements, find a permanent reference mark at the scene from which to triangulate so that you do not find yourself at trial with a set of measurements from a reference point that has been moved or removed. Stop signs, speed zone signs, etc. can get hit, and when replaced, moved a little or a lot. Small trees near the roadway are likewise a magnet for collisions. Fence posts are an obviously poor choice as well. Instead, choose more permanent fixtures, such as power poles, cement embankments that support overpasses or good-sized trees a considerable distance from the roadway. In an undeveloped area, you may find that the only reliable reference point is a previous intersection from which your distances can be measured. If the case justifies the expense, you may choose to have a survey company survey the scene. It will produce topographical maps drawn to scale that will detail the area.
3. Identifying and Locating Witnesses
There are a number of avenues available for locating the witnesses to a collision. The accident reports are a source of first resort. It furnishes you with the names of the officers at the scene and the names and often addresses of the persons with whom they spoke. Prior to accepting an automobile case, personal contact with the investigating police officer may be helpful. Most officers are willing to personally escort an inquiring attorney to the collision scene. Most will agree to explain their measurements, and identify reference marks or other physical evidence not clearly explained in the police report. The officers may also know the identities of the emergency medical service (EMS) personnel at the scene. If not, that information can be obtained from the EMS statement, available from the entity – city, county, or locality – which runs the EMS system.
The accident report should also furnish the driver’s license numbers of the involved drivers. If their current address is otherwise unavailable, in most states you can make a written request to the license-issuing entity for copies of a driver’s license, which will yield you the information you seek. Also, in any collision yielding a peace officers’ accident report, the address of the involved drivers is included, together with the drivers’ license number. An attorney or his investigator should not assume that there is only one accident report and stop there. Often more than one federal, state, county, or city agency has filed a report of a serious accident. There may be a report from the fire department, police and/or sheriff’s department, emergency medical service, or other such agency. The attorney should determine which agencies have jurisdiction, and check with each to obtain any report filed.
Most accident reports contain the names of witnesses interviewed by the police officers during the initial investigation. Prior to accepting representation in a case, the attorney or his investigator may find it helpful to personally meet and consider getting a statement from each witness listed on the police report. Most witnesses are willing to give a written statement to an investigator. If the collision made the basis of your suit involved a spectacular wreck, or occurred at a busy commercial thoroughfare or residential street, there will be other persons with knowledge of relevant facts that are not listed on the police report. Have your investigator canvass a two-block area for additional witnesses. Witnesses who saw the collision yet were not the first persons to speak with officers, or who came upon the collision scene immediately following the collision, often are not included in the accident reports. Take statements from any additional witnesses located.
4. Investigating through the Media
The electronic or print media may have reported the occurrence. This is especially likely if the plaintiff was killed or seriously injured in the collision. These sources should be checked to determine if they have information, photographs, or videotapes of the occurrence or the aftermath.
5. Seatbelt Use
The importance of seatbelt use in an automotive products case cannot be overstated. Seatbelt use plays a major role in proving causation of an injury. It is also a fact that may be presented to the jury for their considerations when allocating negligence on the part of the injured party. When reviewing a potential case, proper seatbelt use should be considered.
6. Drugs and Alcohol
As with seatbelt usage, the presence of drugs or alcohol should be determined as soon as possible. Evidence of drug and alcohol use, and the extent thereof, is typically not available until an autopsy has been performed. However, there might be times when drugs or alcohol are found at the scene or there are witnesses to the drug or alcohol use. The usage of drug or alcohol use should be investigated prior to accepting a case.
Automotive product liability cases are complex and require a certain level of expertise to ensure that they are prosecuted correctly. If someone you know was injured or killed as the result of a rollover accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all are protected.
