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Judge and Gavel
Proven Advocacy since 1983

Get an Award-Winning Trial Attorney on Your Side Today

  • Richard L. Duquette

Preserving the Evidence

Take photographs of the accident location IMMEDIATELY after a crash from every conceivable angle and location. Lay a yardstick next to skid marks so someone can readily compute actual distances based on the photograph. Look for IMPENDING SKIDS. Tires just don’t begin skidding. As a braked tire begins to skid it first leaves faint marks on the roadway known as impending skids. Measure and photograph these marks. They disappear within 48 hours so move quickly to record them. An impending skid and a skid mark when taken together gives a very accurate report of the actual speed of a car before a brake application.

Take distant and close up photographs of scenes and objects.

Remember that all evidence must be secured immediately.

When the evidence is in the possession of a third party or one of the anticipated defendants, hire any lawyer to immediately file an independent action for a temporary restraining order and a preliminary injunction to avoid alterations or destructive testing. The temporary restraining order should be carefully drafted so that anyone receiving notice of the order and in control of the article will be required to deliver it to the possession of a neutral person and to initiate preventive measures against damage in transit.

Report physical injuries to doctors, emergency rooms and obtain appropriate medical treatment. Appropriate treatment is that care recommended by a doctor.

When reporting to doctors, take extra care to identify specific complaints. If something does not feel “right” it should be documented in your medical file and provided to your physician in order to allow the doctor to render an informed medical opinion.

Lastly, keep receipts of everything and maintain a calendar of post-accident events that will help you recall later the days you could not work, were unable to enjoy your leisure time or spent Saturday at the physical therapist.

Document your changes in lifestyle, activities with your family, job and time away from sports. Bring in all photos of your hobbies.


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