1. 2015 Primerus Defense Institute Convocation
The Use of Attorneys in Emergency Response Situations
Presented By:
Richard M. Thayer - Christian & Small LLP - Birmingham, AL `

2. 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”);

3. 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.

4. 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?

5. 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);

6. 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);

7. 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;

8. 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.

9. 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;

10. 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.

11. 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;

12. 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.

13. 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.