At the time someone most needs to have their wits about them that is when they fail themselves simply because they are upset and not thinking clearly. An example: you are waiting in an intersection to turn left after traffic clears when the light turns yellow, then red. You are completing your turn when an oncoming car runs the now red light in the curb lane passing a van in the median lane that had stopped for the light and t-bones you in the passenger side. You are shaken but think you are OK.
Some guy comes to your window to check on you and he tells you he was directly behind you at the intersection and saw the other driver run the red light after passing that van; just like you saw it. He saw you wait for that van to stop before making your turn and, because of his perspective, he could see that you would not have been able to see the other car running the red light around that van until it was too late.
Unfortunately, you don’t get the witness’s name and information and he leaves the scene before the police arrive. No one else stops and the lady that hit you is telling the police officer that she entered the intersection on a green light and that you failed to yield the right-of-way. Later, it turns out you are hurt and you end up having neck surgery.
The other driver’s insurance company denies any liability based upon their insured’s statement so you look for a lawyer. This is a classic “he said - she said” case and getting a good attorney to take your case will prove difficult without a witness. If only you had asked the man for his business card or written down his name, address and phone number.
You Have to Have Proof
Remember, it isn’t what actually happened that matters; it is what you can PROVE happened. If you are involved in an accident of any kind where someone else was at fault, a car accident, slip and fall at a store, or whatever, get witnesses names, addresses and phone numbers, take photographs, make sure the accident is reported and report all observed injuries. If it is a car accident, then get a police report. If you got hurt at a business, then make an incident report with security or the manager on duty. If you bite down on hard foreign matter in food, then preserve the food, the foreign material, and the broken tooth. Report the incident immediately. Never report that you are not hurt but tell them you are too shaken to know for sure right now. If you are injured, then get immediate treatment.
Evidence is Critical
I have been frustrated so many times to learn that I can’t prove my client’s case, or the case is not as strong as it should be, simply because my client failed to preserve critical evidence immediately following an accident or to get timely medical treatment. Don’t let this happen to you but plan ahead. Know what to do before it happens. You should carry a disposal camera in your car. You should have enough clean paper and a pen to write down information. Make sure your family members do the same and your lawyer will be happy.
