Accidents

May accidents "don't just happen" on their own. They result from someone's carelessness or recklessness, or hazardous conditions, or defective products, or placing you in dangerous circumstances. Very often, accidents cause injury to people, damage property and businesses interests, and create expenses that innocent parties have to pay, for something that was not their fault

When the person responsible for the "accident" refused to take full and prompt responsibility for it, and pay you everything you are entitled "to make you whole", very often a lawyer's services are essential so that you can recover what the law allows you to recover.

In many cases, a lawyer's involvement also tends to have the person or firm responsible for the accident take corrective action, so someone else will not be similarly injured in the future. For example if a bus company allowed its drivers to speed, or does not comply with standard, safety standards, once a lawyer appears on the scene, the bus company may crack down on speeding, install appropriate safety equipment and properly maintain its busses, thus helping others from being injured in future bus accidents.

• Who were the drivers of the vehicles involved?
• Did all drivers have driver's licenses? Be sure to get the driver's license numbers and addresses of the drivers!
• Did any of the drivers appear to be under the influence of alcohol or drugs? (Write down who and why you think they were and who else observed that same thing. After the effects wear off it would be your word against theirs.)
• Were any passengers in the vehicles? Get their names and addresses!
• Were any pedestrians involved in the accident? Get their names and addresses!
• Did any person involved in the accident report any personal injury shortly after the accident? Who are they, and where do they live?
• Was medical assistance rendered at the scene of the accident?
• What personal injury did the injured person report? Did anyone say, "I'm not hurt"?
• What was the actual location of the accident?
• Were there any witnesses to the accident (other than those directly involved in the accident)? Get the names, addresses, and telephone numbers of all witnesses!
• In what direction were the vehicles traveling just prior to the accident?
• At what time of day did the accident occur?
• What were the weather conditions at the time of the accident?
• Was there anything "wrong" with the vehicles before the accident, such as driving with a broken headlight at night, or with bald tires?
• Was there any damage to the vehicles as a result of the accident? (Even if there wasn't, that does not mean that someone may not have been injured, even with a "soft tissues injury".)
• What parts of the vehicle were damaged?
• Who were the registered owners of the vehicles (names and addresses)?
• Were all vehicles involved in the accident insured?
• What are the names of the insurance companies and the policy numbers? (If they said how much insurance they had, record that too.)
• Did any of the vehicles need to be towed from the scene of the accident?
• How did the accident occur?
• Did anyone accept responsibility for the accident, such as by saying "It was my fault, I am sorry? I was speeding/ not paying attention/ not wearing my glasses/ distracted/ tired/ late for work/ in a hurry/ my coffee had just spilled . . . etc"? If so, write it down.
• Did anyone else say something to indicate that she/he too was at least partially at fault -- such as "I should have seen you but I was on my cell phone/ I've been taking these pills/ my eyesight isn't what it used to be after dark, etc"?
• Did the police come? If so, did they issue anyone a ticket? Which officers were present?

As much basic information as possible should be gathered immediately after the accident occurred. As time passes, memories tend to fade and new versions of the chain of events are created. Putting the basic information down on paper helps later when liability for the accident begins to be examined.

Disclaimer

The Kensington Pond Books web site is provided for information only and should not be relied on as legal advice. Nothing transmitted from this site constitutes the establishment of an attorney/client relationship between the site user and any Kensington Pond Books member. Remember, when dealing with legal matters it is always wise to seek the advice of an attorney practicing the category of law affecting your individual needs. Nothing on this web site should be construed as a recommendation, endorsement or approval of information, products, services or representation of the practice of law.