What Do You Do Now?

Larry Bowman & Alan RuckerKANE RUSSELL COLEMAN & LOGAN, PCDallas │ Houston

Robert MooreCHIEF LEGAL OFFICER

NationsBuilders Insurance Services, Inc.

Who to Call?

• Lawyer• Have Pre-Selected / On Call

• Instruction

• Establish Privilege

• Emergency Response

• Accident Reconstruction Expert• On Scene ASAP

• Liability Issues and Strengths of Case Identified Immediately

• Develop Legal Theories Early On

Accident Scene

• Physical Evidence• Road Conditions, Features, Skid/Gouge Marks, Damaged Railings, Debris Pattern, etc.

• ECM (Electronic Control Modules)

• Vehicle speed, brake application, percentage throttle, engine RPM, cruise on/off

• Inspect Vehicles

• Product Liability, Tire Tread, Brake Systems, Lighting, Registration/Inspection Stickers, Alcohol & Drugs, Food & Beverages, Cell Phones /Devices, etc.

Accident Scene (continued)

• Witnesses• Your Driver

• Passengers

• Other Drivers

• Onlookers/Bystanders

• Record Statements of Favorable Information

• Law Enforcement/Governmental Representatives

Accident Scene (continued)

• Document Agencies / Authorities at Scene• State and/or Local Law Enforcement

• DOT: Department of Transportation

• NTSB: National Transportation Safety Board

• EPA: Environmental Protection Agency

• OSHA: Occupational Safety and Health Administration

• ATF: Bureau of Alcohol, Tobacco, Firearms and Explosives

• Designate Company Representative to Communicate with Agencies

Accident Scene (continued)

• Video Footage / Photos• Cell Phones

• First-Responders / Dash Camera

• Department of Transportation Cameras

• News Coverage

• On-Line Photos (Social Media, YouTube, etc.)

• Store Security Camera

Preservation of Evidence

• Litigation Hold

• Within Organization

• (1) Don’t Destroy Anything

• Paper Documents

• Electronically Stored Information

• Suspend Document Retention Schedules

• (2) Don’t Say Anything

• Written Requests to Third Parties to Preserve Evidence

Prepare Company Representatives / Employees How to Respond

• Employees to Graciously Decline Interviews

• Designate Corporate Representative to Provide Interviews / Interface with Media

• Instruct Employees Not to Discuss with People Outside of Company

• Do Not Discuss on Social Media

Litigation

• Preparing Witnesses• What Driver Should Be Prepared to Answer

• Corporate Representative

• Safety Director

• The Best Story Always Wins

Wrap-up

• If you would like a copy of Larry’s Presentation of Jury Selection/Voir Dire or to discuss any topics covered today, please feel free to contact him at lbowman@krcl.com or (214) 777-4235