Experience and Hard Work Make a Difference When Hiring an Attorney.
It is a simple rule every trial attorney knows: Always inspect the location of the events yourself. This week I put that simple rule in practice – – again. A client was killed when a lost driver or an 18-wheeler ran a stop sign and plowed into our client’s car – a small Honda Accord that was sheered in half when the 18-wheeler plowed the car into a utility poll.
Going to the site was important for many reasons. The wreck was in the afternoon and I went at the same time of day to view the scene. First, the intersection was bordered by farmland. The area is flat and there are no obstructions. Second, the lost driver went south and was returning north when he came to a dead end. This meant the driver should have seen the traffic control lights AND the stop sign when he erroneously drove south. Third, the stop sign was clearly visible and enhanced by blinking red lights at the intersection.
Everything observed would help confirm liability, provide evidence for the argument of gross negligence because the driver must have intentionally disregarded the stop sign when he did not see the silver Honda with the right of way crossing his path as the 18-wheeler proceeded through the intersection illegally.
The simple rule of visiting the collision site myself was validated again. I was more prepared because I went to the scene. I knew the stop sign was enhanced by red blinking lights at the intersection. An attorney who relies on witness statements or accident reports alone is less effective in trial because the ill-prepared attorney has less information than a well-prepared attorney. Blinking lights might not have been mentioned in a collision report. The dead end might not have been mentioned in the collision report. Sometimes the better prepared attorney can be the insurance attorney and that puts collision victims at a disadvantage.
However, experience in today’s environment means more than visiting the collision site. When visiting the site, I was able to secure drone video and measuring! With this technology, distances traveled, the width of the roadways and other forensic data can be gathered. Also, the drones can photograph the collision site, directional signals, the view of the intersection from different angles, including the views from the 18-wheeler’s direction of travel. Again, going to trial without proper experience and the knowledge of how technology can help prepare a case for trial is critical in securing the best results for a client.
Below are some photographs demonstrating what was learned during the in-person inspection.
Drone with operator to record and measure intersection traveling the 18-wheeler’s path. Note flat area with no obstructions.
Drone control with grid measuring relevant areas of collision site and travel route.
Photo of stop sign with blinking lights at intersection. Driver’s view.