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Preservation of Evidence

Preservation of Evidence

(July 10, 2014)

In the event that you have an emergency response incident or a chemical spill, it is important to capture all of the pertinent facts during the early stages of the incident. Litigation often begins 2-3 years after an event and witnesses are contacted and deposed 3-5 years after the event. Without proper preservation of evidence, your case can be radically compromised as memories fade and details become hard to locate.

Ensure that these 10 steps are part of your emergency response plan and have a legal team on retainer that can support these efforts.

  1. At the Scene: The Driver - Conduct and Record Your Own Interview With the Driver
  2. Identify People At The Scene -- Law Enforcement/Witnesses/First Responders
  3. Identify Equipment -- Vehicle Tracking/Communication Devices
  4. Photograph Accident Scene -- Scene/Vehicles/Witnesses/Debris
  5. Were Citations Issued -- Drug & Alcohol Testing/Alleged Violation(s)
  6. Statements -- By Whom/Written or Recorded/Police Investigation File
  7. Identify All Witnesses -- Secure Contact Information and Contact Witnesses Immediately
  8. Data Recording Devices - Tractor Trailer Information: Make/Model/Year
  9. Post Accident Inspections - Independent Adjuster/Accident Reconstructionist/Preserve Evidence

Protect Your Interests - Contact Your "GO TEAM" - Insurance Carrier - Environmental Response Team - Attorney

Orignially Published in the Second Quarter 2014 issue of the Highlands Environmental Solutions, Inc. e-newsletter FastTrack. Reprint permission granted.

Marc C. Tucker
T (919) 755-8713
F (919) 755-8800
Associated Attorneys
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