OTA Dispatch Issue 2, 2021

13 www.ortrucking.org Issue 2 | 2021 that supposed eyewitness testimony is not reliable, for whatever reason, e.g. they think they saw or heard something but in fact, that was not the case. And of course, it is important to obtain the contact information, such as insurance information, from any other drivers who were involved in the accident. As your own private detective, you’ll also want to check out pertinent details regarding the other vehicle(s), where other vehicles are involved. It is important to ascertain the facts (Dragnet, Joe Friday—just the facts, ma’am), as some personal injury attorneys will embellish the facts, or even—gasp!— misrepresent what happened. This all presupposes that the driver is healthy and that it is safe to walk around the scene. If not, the driver needs to focus on his/ her health, and to stay in the vehicle if possible. When feasible, photographs should be taken as they can often times provide a better understanding of what occurred. Even a video is helpful—they can provide a lot of information, and juries like to watch TV, it gives them a break from listening to the attorneys. (In one of my trials a juror fell asleep, the other attorney requested that the court instruct the bailiff to wake up the sleeping juror, but the judge told the attorney to wake up the juror himself as the attorney had put her to sleep.) While all of the above tasks are being performed, it is important to keep your thoughts to yourself. As is true in many other instances, less is best is the watch word. One obvious topic is liability. You as the driver may feel responsible, that you were liable, in whole or in part, for the accident. Still, it is important not to engage in that topic. There will be time later to address that topic. The best option is to say nothing. Don’t engage. The responding officer may be very nice and sympathetic, which can feel good but the odds are strong that you’re being buttered up to say something regarding liability. That is not a criticism, that’s their job. You can’t misrepresent—lie— about what happened, so it’s best just to remain silent. You aren’t invoking your Miranda rights—5th amendment right not to incriminate yourself—as this is not a criminal situation. Unless it is, where some bad driving was present, such as excessive speed, careless driving, etc. where you are charged with something very serious. Finally, in today’s world of social media, there may be the temptation to let the world at large know what happened. Definitely do not cross that red line. Keep your thoughts to yourself, regardless of how innocent or innocuous circumstances appear to be. There is zero percentage in spreading the word online. It won’t help you in the least and can come back to bite you and your company. Larry has been handling federal and state transportation matters for over 35 years. From his office in Portland, Larry assists Oregon businesses, as well as businesses in other states as federal transportation law involves interstate commerce. Larry was born and raised in the Willamette Valley, as his ancestors were interstate travelers on the Oregon Trail back in the early 1800s. Find out more about Larry at www.rollin-on.com, or contact him directly at (503) 229-0199 or larry@rollin-on.com . Recent studies have shown in many instances that supposed eyewitness testimony is not reliable, for whatever reason, e.g. they think they saw or heard something but in fact, that was not the case.