With the increase in roadway construction comes an increase in roadway claims. Whether you are dealing with a pedestrian injured in or near a construction site or a vehicle that bulldozed its way into a bulldozer, there are many key pieces of evidence that you should obtain as soon as possible before the evidence is lost.
Below is a non-exhaustive checklist of key evidence to obtain to properly evaluate your roadway claim as soon as possible: police report, EMS records, 911 recordings, homicide report, toxicology report, accident reconstructionist report, police body camera footage, or any other relevant governmental report.
Oftentimes a governmental agency will be involved with the initial investigation, fact gathering, and fault determination. Police reports should list all witnesses and their contact information. Police body camera footage may provide a view of the incident area that cannot be reproduced later and could have witnesses’ real time statements. Obtaining these records early is critical to establishing your initial liability evaluation.
Maintenance of Traffic (“MOT”) Plan, Certified Engineering Inspector (“CEI”) report, and Florida Department of Transportation (“FDOT”) Meeting Minutes
Roadway contractors have a MOT plan that governs pedestrian access, speed limits, lane closures, and maintaining safe vehicular traffic near the construction site. It is critical to obtain the MOT plan for the particular phase of construction and ensure it was properly implemented at the time of the incident. Oftentimes, a CEI will be appointed to oversee the construction. CEIs will likely draft a postincident report with their evaluation of the MOT and other key items that could affect liability. Lastly, if the project involves FDOT, there will likely be post-incident meeting minutes, which could contain valuable information.
Witness Photos, Employee Photos, Google Earth Photos, and Google Street View Photos
Obtaining and preserving photographs of the incident scene from witnesses and employees at the outset is critical to establishing what the scene looked like, and what MOT was in place. If no photographs are available, Google’s Earth and Street View tools are excellent to show the incident area on a particular date. Note that construction activities could change the appearance of a particular area on a daily basis; however, the Google tools are still useful to establish the locations of landmarks, crosswalks, street lights, and to determine distances.
Video Surveillance
Given how pervasive surveillance cameras have become on the front of homes, businesses, and dashboard cameras, there is a chance that your incident was captured from one or more angles. Use Google maps to search for adjacent businesses and ask if they have cameras facing the incident area. Note that most video recordings are deleted after 30 days, so time is of the essence.
Witness Statements, Employee Statements, and Incident Reports
Memories fade with time, so obtaining witness and employee statements as early as possible is ideal. If your client has a practice of drafting incident reports, obtain them early, and contact everyone listed on the report before their memory fades. There are certainly other important items of evidence; however, with the above items, you are well on your way to establishing a proper liability evaluation.
If you have any questions, please contact construction@kubickidraper.com.