OTA Dispatch Issue 1 2020

25 www.ortrucking.org Issue 1 | 2020 reconstruction expert got to the scene within a few hours. Once there, they interviewed several high school students on the bus (whom the police had not questioned) and eventually pieced together enough video to prove that the pickup truck and another vehicle were, in fact, drag racing at speeds well above the posted limit. With the evidence we provided, the local police determined that the bus driver was not at fault and, instead, criminally charged the teenage pickup truck driver. A thorough, timely response from your own investigative team can insulate you not only from citations, but from personal injury claims or lawsuits. Accidents are traumatic for everyone involved, causing confusion and heightened emotions. Often, drivers who are nervous and upset, particularly when there are serious injuries, feel inclined to agree with leading questions or suggestions by police officers trained and well-versed in interrogation techniques. This is not to suggest that law enforcement officers are adversaries in these situations. Indeed, on many occasions we work collaboratively with police to investigate serious accidents. Having counsel on-site reassures our drivers and produces more constructive conversations with police and investigators. Having other experts familiar with police procedure is also beneficial when working with responding officers to evaluate the causes of accidents, collecting evidence and documenting the scene. Why is a lawyer even necessary when the company or its insurer could directly hire an investigator to interview the witnesses and driver, and retain an accident reconstruction expert to evaluate the accident? The answer is simple. If a company directly hires an investigator or expert, that person and his/her work, including reports, conclusions, photos, diagrams, recorded interviews, etc., do not fall within legally recognized attorney–client privilege and