In working to resolve a client's claim, a personal injury attorney should work to uncover all important facts in order to properly develop the claim. Car accidents are no exception. Typically a police officer arrives to investigate an accident quite some time after the accident has happened, particularly if the vehicles are not blocking lanes of traffic. Witnesses to the accident, although they may have important information that would make a big difference to the police investigation, do not always stick around to speak to the officer. Witnesses don't necessarily even stop to give their name and phone number to the drivers involved.
For this reason witnesses are often not listed in the police officer's crash report because the officer simply didn't know about them. In my personal injury practice I have hit upon a very effective way to identify accident witnesses: by making an open records request for the audio recordings of 911 calls related to the accident. I have found that while witnesses may not want to remain at the scene, they do not mind making a cell phone call to 911 to report the accident. Sometimes during the call they describe what happened in the accident, sometimes they don't, but the 911 dispatcher always asks the caller for their name and number, which gives me a way to contact the witness and ask them what they saw.
Here are some recent example of actual cases where my obtaining the recordings of 911 calls had a dramatic impact on the case:
* My clients (a young family) were on their way home from church when they were struck on the freeway by a hit-and-run drunk driver, causing their car to crash into the concrete divider. A witness followed the hit-and-run driver who was eventually stopped by the police a long way from the accident scene, but this witness did not see the actual collision. The drunk driver claimed the collision was my client's fault for swerving into her lane. When I got the 911 audio I identified a witness not listed in the police report who saw the actual collision and said the drunk driver was at fault.
* My client's SUV collided with another driver's SUV, causing my client's vehicle to leave the feeder road and crash into a light pole, totaling her vehicle and injuring her. The police report faulted my client for the accident, and my client got a ticket for unsafe lane change. There were no witnesses in the police report. I got the audio recordings of 911 calls for the accident and identified two eyewitnesses. One eyewitness was driving behind my client at the time, and said the other driver came from a side street, ran a stop sign, t-boned my client and knocked my client's SUV into the light pole.
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I've made many trips to the Houston Emergency Center to collect open records request documents. |