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COPYRIGHT©
2001 |
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A
Primer on Crashworthiness
What Do I Do Now? Preserve the Evidence - Then What? Regardless of whether the case may ultimately be referred to special crashworthiness counsel, the initial attorney handling the case should act immediately to preserve the evidence, if at all possible. Physical evidence is frequently critical to crashworthiness cases. Steps should be taken to preserve it from loss or deterioration at the earliest possible time. The vehicle in which the plaintiff was an occupant should always be preserved for examination. If possible, other involved vehicles should also be preserved. Parts of the vehicle frequently are dislodged from the vehicle due to impact, or removed during post-collision transportation. It may be important to gather all the components, and store them safely, either with the vehicle or separately. If tire failure is involved, the tire and all parts of the tread should be gathered and preserved. Belt usage may leave distinctive bruising across the pelvis, the abdomen, the chest, and the shoulder. Such bruise marks should be documented photographically if at all possible. Photographs of the scene are important to document any marks on the roadway, as well as the location of any accident debris.
Then What? The best single source for information for lawyers about crashworthiness cases is the Attorneys Information Exchange Group for Crashworthiness (AIEG), located in Birmingham, Alabama. Executive Director David Steelman can be reached at 205-803-4000. AIEG is a membership organization open to plaintiffs lawyers, and dedicated to allowing exchange of information between counsel on the subject of crashworthiness. The other major sources for information are the Association of Trial Lawyers of America (ATLA) Product Liability Section and Product Liability Exchange. Locate ATLA on the web at http://www.atlanet.org/.
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