If you are involved in a motor vehicle crash, motorcycle crash or perhaps what we call a premises liability where you fall on another’s property or perhaps you are attacked by a dog on another person’s property. If you have your cell phone with you it is very important to document the area, document the scene, crash if you can document by taking photos of the vehicles, motorcycle rest position, vehicle rest position, as well as photographs of the damage to the vehicles. It’s also important to take pictures of the debris, skid marks – those things would help your case. Another important thing to do at the scene of the crash is to get the names of any witnesses their phone numbers and if you can record a brief description from them of what they witnessed that is critical.
Oftentimes, we see in crashes that our clients say that there were 4 or 5 people who were at the scene who may have witnessed where this premises liability happened, but yet when we get the traffic/crash report there are no witnesses on there and it’s our client’s word versus the other driver, the insured’s, or a lot of times it’s a toss up. Having that independent or neutral witness is very important because that could be what takes to persuade the insurance company they have liability. Because if it’s just a back and forth between the parties oftentimes we end up in litigation. By having your cell phone available and documenting these things it helps make your case much stronger.
A Well Documented Police Report Will Effect Your Premises Liability Case
Another thing to do at the scene of the crash, a police officer is going to ask you if you are injured. Be if you are uncertain to tell the officer that you are uncertain because oftentimes injuries may manifest themselves down the road be it a day or two, perhaps a week or even longer. The police officer may indicate in the report and say no injuries and have it a Code One which the insurance company’s attorney will use that in a deposition or use that in trial to try and impeach you indicating that at the scene you told the police officer you were not injured. So, it’s very important to make sure that you preserve that when you talk with the police officer.
Also, any statement you give will be contained in the police report so make sure you give brief, pertinent information to the police officer and again keep in mind that a lot of times we see that information the police officer takes down is inaccurate or incorrect.]]>