My first hand experience on evidence gathering after an accident here in California
Buddies and I were convoying our boats on 580 between Livermore and Tracy when
a small car cut in front of buddy behind me to make an off ramp
We all had 8.6K GVWR Suburbans towing big boats (mine was +8.5K). His a bit bigger
in height and weight
Avoiding that little car, my buddy spent a bit of time sideways across all four lanes
as the boat/trailer fishtailed several times to turn over...to then take his
Sub almost over...his Sub just tipped over on it's side and slide along with the boat/trailer
Several innocent cars were 'touched' and on the side of the road (it was a Sat
morning and lucky very early so not as many as it would have been an hour later)
All came to rest with no major injuries.
Took me a bit to get to the next over pass and come back
When I did get back to the scene...the Cal Highway Patrol (CHP) was already
there talking to witnesses
Of course the tiny car didn't stop and got away
What then happened was that his Suburban started to make a crunch, crunch noise
and then noticed that his whole roof was bent outwards down the length and on the
middle
Then his windshield popped to crack down the middle while we were standing there
The CHP Sargent on the scene instructed his officers to take down the label info
for both buddies Sub, boat trailer and boat. They also checked the hookup (safety
chains, lanyard, etc), which never came apart
Also measured the pavement marks.
Betcha they would have taken even more 'evidence' if someone got hurt bad or killed
Buddy was NOT cited as they told him not his fault and GREAT job manhandling the
whole setup. His insurance paid for everything...albeit at a discounted (depreciation)
amount...buddy doesn't remember much details of what he did...just reaching over
to hold his wife
And I've been personally sued four separate times for wrongful death involving
my industrial controls (partner and all the doc's had my sig in the title block
as designed by, drawn by, checked by, approved by all or combo).
Insurance focused on mine, engineers, certification group, external certification
groups and the regulatory agency acceptance paperwork. Other was whether we
had instruction manuals covering everything...including the warnings that no one
ever reads (known by the courts...but expected to do so anyway). The key to
all that were the target specifications designed to, tested to, certified to...that
it was in the manuals, on the labels, etc.
Said wonderful we used bound and pg numbered note books...not spiral or loose leaf
They copied EVERYTHING
None of them went to trial and now know the routine all to well
Know enough of that routine to know I can and will sue anyone who hurts, maims
or kills anyone I know/love/etc if they are over weight
Now folks will say never read it in the papers, hear it in the news, etc
Yes, of course...as most all legal settlements (mainly insurance) will have them
payout, but in the contract will be a NDA you must sign before they will give
you the money.
In that NDA it will say if you disclose anything about this...you have to give
back all the money and then are subject to them suing you for everything you
have...plus future wage garnish
That is my personal experience..not a heard from a buddy's buddy stuff. Keith
might have similar experience and might not be able to tell due to NDA's...my guess
