The Importance of Prompt Investigation After an Accident
Author: Attorney Trent S. Kerns
How can you prove that a product was defective without the product in a product liability case? How can you prove that a condition was unsafe if the condition has been altered or removed? Many personal injury cases become unwinnable because there is not a prompt investigation.
I recently had a case in which the wooden stairs to a second floor deck of my client's home pulled loose and caused her to fall. As a result, she was severely injured. Fortunately her son-in-law suggested that she contact an injury lawyer at Allen and Allen immediately, and she did so. Knowing that there had to be some defect in the construction, design, or maintenance of the steps for this incident to occur, our product liability attorney arranged to get experts out to examine the stairway right away. Since the experts were able to view the stairs within a matter of days following the accident, and before the stairs had been altered, removed, or repaired, the experts were able to determine that the failure was due to inadequate securing of the stairway to the decking by use of insufficient nails and other subpar work. If the stairs had been removed, we would not have been able to determine that the steps were improperly built and were in fact in violation of the building code. Only a prompt investigation with expert examination and photographs of the stairway before the stairs had been removed and before there had been changes made allowed the expert to determine the exact cause of the failure. Although this is just one example it serves to remind everyone that contacting an attorney promptly is extremely important.
What if a motor vehicle collision occurs in a roadway construction area? The scene may be altered before photographs are taken if a prompt investigation is not made. What is an eyewitness gives their contact information to the injured person or the police officer at the scene, but this information is discarded or misplaced before an investigation occurs? What is the eyewitness moves or changes their phone number before an investigation occurs? You can have an car, truck or motorcycle accident in which independent witnesses who are critical to the case die, move, or for other reasons are unable to be located and that could make the difference of whether you win or lose your case. Whether it is an automobile accident, failure of a product or failure of some condition, it is important to promptly call an experienced accident lawyer so that they can determine if immediate action needs to be taken.
About the Author: Trent Kerns is a Chesterfield accident lawyer. For over 25 years he has worked to protect the rights of Virginia and Midlothian area residents injured in car accidents, motorcycle accidents, product liability cases and other difficult injury cases.