2015 Primerus Defense Institute Convocation The Use of Attorneys in Emergency Response Situations Presented By: Richard M. Thayer - Christian & Small LLP - Birmingham, AL `

I. Pre-Accident Considerations: Preparation for Emergency Response Establish a claim “calling tree” or after-hours hotline for transportation clients/insureds; Provide clients/insureds with contact information to notify attorneys/insurers of claim; Have plan in place for handling claim once attorneys/insurers are notified of claim (Designate “Point Person”);

I. Pre-Accident Considerations: Preparation for Emergency Response Ensure that “Point Person” is provided with all necessary contact information: TPA; Investigator/Accident Reconstructionist; Photographer (Aerial, Video, Still, etc.); Criminal Defense Attorney.

I. Pre-Accident Considerations: Preparation for Emergency Response Define Primary Objective of Response; Additional Considerations: Coordinate Communications (If different from “Point Person” for directing handling of claim; Consider both in-coming and out-going communication, i.e., media, authorities, etc.); How do these decisions affect privilege issues?

II. Accident Scene Investigation Document identity and contact information for all witnesses and obtain in-person statements; Document identity and contact information for all law enforcement personnel and interview (if possible); Document identity and contact information for all emergency medical techs; Identify and meet with driver and any passengers (detailed/non-recorded interview);

II. Accident Scene Investigation Identify (obtain VIN #s if possible) and preserve all ECM/on-board data recorders/Dash Cameras in all vehicles; Photograph and preserve vehicles (Mark/Document resting position); Photograph and preserve debris field (Mark/Document); Photograph and preserve roadway (measure, mark and document tire/skid marks and other road conditions);

II. Accident Scene Investigation Photograph and preserve general accident scene; Preserve logs and all travel documents (trip envelopes, i.e., fuel receipts, tolls, etc.); Ensure compliance with regulatory requirements, i.e., drug testing;

II. Accident Scene Investigation Identify and obtain contact information for all salvage/towing personnel and determine destination of vehicles; Review any cargo preservation and transportation considerations; Hazmat considerations.

III. Necessary Equipment/ Tools For Responders Witness information forms; Business Cards; Dictaphone or other recording device; Camera w/flash capability; Flashlight; Appropriate clothing (coveralls, boots, etc.); Rain protection (umbrella, poncho, etc.); Reflective vest;

III. Necessary Equipment/ Tools For Responders Reflective tape; Tape Measure (Remember: Can use standard road markings as scale if necessary); Skid mark “roller”/measurement device; Small (traffic-like cones) for marking scene for photographic documentation; Spray paint (marking/documenting resting positions, debris field, road surface, etc.); Up-to-date copy of F.M.C.S.R.

IV. Post-Accident Follow-Up Preservation Efforts (Preservation Letters, etc.); Notify all interested parties, i.e., insurers/indemnitors (if not already done through standard procedures); Contact any salvage/towing facilities; Preserve/Download ECM Information, On-Board Data Recordings, Dash Camera Recordings, etc. (If at all possible, coordinate this with opposing counsel in order to avoid spoliation issues); Obtain accident report;

IV. Post-Accident Follow-Up Obtain records from EMT/First Responders; Obtain medical records; Obtain records/documents re: mandatory drug testing/regulatory requirements; Personnel/Employment Considerations (Disciplinary/Remedial Issues); Address/Handle/Coordinate Cargo Issues.

V. Training Provide established action plan and/or these materials, as well as above-referenced contact information to all clients/insureds (including all drivers, employees), TPAs, etc.; Regularly train clients/insureds and their drivers and employees on the items included in Action Plan and these materials; Periodically review/revise Action Plan and these materials.