How to Investigate Truck/Car Accidents
Article co-written by Matt Broughton and Investigator Danny Brabham
Introduction
A private investigator is an essential part of a Virginia personal injury attorney’s team. The private investigator and everyone involved in the investigation of a Virginia truck or car accident must have a “go team” mentality. When a crash occurs, every minute that passes allows for the opportunity for crucial information to disappear. Some of the information disappears simply by the weather conditions. For example, skid marks can be washed away or faded by the sun. Debris in the roadway will gradually move away from its initial location – either by humans or by the wind, etc. Witnesses to an accident are eager to tell their story about the accident in the first few minutes, days, weeks after it occurs. Later, they are less interested and can become annoyed when contacted months/years later.
The importance of an immediate, thorough investigation of the crash cannot be overstated. It can mean the difference between winning and losing your case. When you contact an attorney to represent you or a loved one, you should make sure that the attorney has a team immediately available, specifically comprised to protect your interests. This team should include, at minimum, an experienced motor vehicle litigation attorney, an associate attorney, experienced paralegals and legal assistants, on-staff medical personnel – such as a licensed registered nurse – to help guide medical care, and an experienced investigator.
At Gentry Locke, we have all of these individuals as part of our “go team” and they are employed regularly to ensure that our clients’ interests are protected.
This article provides you with the importance of a proper investigation, but from the perspective of both a senior litigation attorney and an experienced private investigator who spent decades in law enforcement. We encourage you to keep this article handy and share it with your loved ones because, unfortunately, serious motor vehicle crashes are a reality which we all confront at some point in our lives.
Analysis
When a serious truck crash or car crash occurs, the victims of the crash are often initially disoriented, confused and concerned about their injury and treatment. In Virginia, the driver of a vehicle involved in a crash resulting in injuries must immediately notify law enforcement of the accident. In fact, failure to make the report is a Class 4 misdemeanor. Va. Code Ann. § 46.2-371. If the driver is unable or unwilling to make the call, the victims of the crash or a third party should dial 9-1-1 and give as many details as possible – including the fact that there are injured passengers. This assures that medical help will be quickly on the way to the scene.
If the crash involves more than $1,500 in property damage, the police officer has a duty to investigate the crash by examining the scene, interviewing witnesses, and filing an investigation report within 24 hours after completing the investigation. Va. Code Ann. §46.2-373.
If you or a loved one are injured in a motor vehicle crash that was a result of another driver’s carelessness, it was most likely investigated by a law enforcement officer as indicated above. At the conclusion of the investigation, the officer has the discretion to make a preliminary decision on which driver/drivers are at fault and place appropriate charges, if any. But, be aware, in many instances the police officer does not charge the at-fault driver in a motor vehicle crash but, instead, makes the decision to “just let the insurance companies work it out.”
Our firm, Gentry Locke, has a retired police officer who is an experienced private investigator with more than two decades of investigative experience, on our staff. He is a critical part of our “go team” and is available to investigate your personal injury case. This allows the firm to avoid the unnecessary loss of crucial evidence by immediately beginning the investigation – whether the at-fault driver was charged or not.
What you can do to help the investigation of your case
It is important that you make note of the date, time, location and name of the investigating law enforcement agency when involved in a motor vehicle crash. In all instances, the investigating officer will provide all involved parties with an exchange of information form or, at minimum, their agency’s incident number.
It is imperative that you maintain all the information you are provided by the investigating officer. It is also helpful, if you are able, to photograph the scene and all vehicles involved while at the scene with your cell phone or camera. If you are unable to do so, ask a relative or someone at the scene with you to take photographs for you. Be sure that someone photographs the road surface showing skid marks and the location of debris from a sufficient distance to determine its relative location. Also, photograph (as early as possible) each and every one of your injuries – including cuts, bruises, swollen places, etc.
Meeting with your attorney
When meeting with one of our attorneys, one of the things you will be asked to provide them with is any information you were given by the investigating officer. This information will be used to obtain a copy of the Police Crash Report – if one was completed and submitted.
The attorney will also want you to give a description of all of your injuries and treatment providers, as well as when you were seen and what diagnoses you were given. If you have any medical records or paperwork with this information, bring it with you to the meeting.
Investigator’s role in your case
Once you have engaged the firm, the investigator will begin the investigation by immediately completing the following steps:
1. Obtaining a copy of the Police Crash Report;
2. Determining whether the vehicles involved in the crash were towed and, if so, where they are being stored;
3. Speaking with you to ensure he or she has adequate information about the details of the crash;
4. If the vehicles are still available, the investigator will photograph the vehicle in great detail to show the physical damage and also the transfer of paint or other evidence of the facts of the accident;
5. He will submit a Freedom of Information Act (FOIA) request to the investigating law enforcement agency and request the following specific information:
a. The investigating officer’s notes;
b. The names and contact information of all witnesses – including any statements they provided;
c. Body worn camera footage and/or dash cam footage of the investigation of the crash;
d. Computer aided dispatch (CAD) reports relating to the crash; and
e. Audio portions of any and all 9-1-1 calls received relating to the crash.
6. The firm’s investigator will go to the scene of the crash to obtain photographs from all angles and take measurements, if appropriate. At the scene, the investigator will search for any surveillance cameras that are present and begin the process of preserving any footage available to be later used during the civil litigation. We have won many cases by obtaining video footage from nearby houses, businesses, and other vehicles. It takes a tremendous amount of effort, but it is often worth the investment.
7. Once the Police Crash Report is obtained and a response to the Freedom of Information Request is received, the investigator will speak with the investigating officer to obtain any further details that are not in the Police Crash Report.
8. Finally, the investigator will contact all witnesses to the crash and obtain all information the witness possesses, such as their personal memory of what occurred, photographs they may have taken, or statements that they may have heard by the other at-fault driver.
At-fault driver’s court date
If the other driver was charged, the investigator will monitor the court’s website to determine the date and time of any trial. In many cases, the investigator will actually attend the trial in either the general district or circuit court and arrange for a court reporter, if necessary, and help prep you for any testimony you may be required to give.
Summary
In summary, the role of an investigator in a motor vehicle crash is a crucial and indispensable part of a well-handled personal injury case. If you or a loved one are involved in a serious motor vehicle collision involving either tractor trailers or other motor vehicles (such as a motorcycle, boat, or car), make the decision to involve a firm with an experienced investigator who can help protect your interests and help assure the best recovery possible. Contact us today for assistance.
