The circumstances of a serious wreck that involved a mattress that somehow wound up on the road are still under investigation.
According to investigators, a Jeep Cherokee was northbound on Interstate 75 near the Tennessee border when a mattress, which was apparently on top of the vehicle, fell onto the highway. At least five vehicles executed emergency maneuvers to avoid the obstacle; the mayhem resulted in at least three crashes, including one that involved an overturned vehicle. One vehicle was a daycare bus carrying a number of children, all of whom were transported to a Chattanooga hospital.
The Jeep’s driver, 18-year-old Tristen Swafford, of Cleveland, was cited for failure to secure cargo.
Traditional Evidence Collection
All winning negligence cases are built on solid evidence, because the plaintiff must prove liability by a preponderance of the evidence, which means more likely than not. Additionally, there is often a close relationship between the strength of the plaintiff’s evidence and the amount of money the jury ultimately awards.
Many cases rest on a four-part evidentiary foundation:
- Witness Statements: As a rule of thumb, for every four witnesses that are identified, one will voluntarily come forward and give testimony favorable to the plaintiff.
- Physical Evidence: It is important to gather as much physical evidence as possible at the scene, like photographs of skid marks and property damage, because these things can disappear quickly.
- Police Report: While it is a good starting point, the police report is sometimes inaccurate, because it is based largely on the recollections of the parties themselves.
- Party Statements: Always call a lawyer before calling the insurance company, because many times, the phone operators are trained to extract information that can be used against the person later.
Similarly, never say “I’m sorry,” because this expression of sympathy may be considered an admission of liability. Instead, ask a question like “Are you okay?” or “What can I do to help?”
New Evidence Collection Techniques
Nearly all passenger vehicles have event data recorders, which are similar to the “black boxes” in commercial airplanes. The EDR is often a very valuable tool, because it fills in evidentiary gaps and often helps challenge unfavorable evidence from other sources. For example, if the defendant claims the plaintiff did not stop, the plaintiff can introduce EDR evidence to refute that contention.
EDR capability varies by model and make, but generally, these devices capture and record:
- Brake application;
- Vehicle speed;
- RPMs; and
- Steering angle.
The federal Driver Privacy Act restricts access to EDRs, so in most cases, an attorney must obtain a court order to obtain the stored information. Moreover, to preserve evidence, an attorney usually sends a spoliation letter to the insurance company within a few days after the crash.
Rely on a Seasoned Attorney
A lawyer must act quickly and decisively to help ensure the best possible result. For a free consultation with an aggressive personal injury attorney in Fayetteville, contact the Wade Law Offices. We have a long track record of success.
