How to prepare a case for the plaintiff Lawyer Manual

Fact gathering

Get the police report if there is one! The report typically provides the names, addresses, and dates of birth of the drivers, along with the names and addresses of the vehicles’ owners, the names and addresses of any passengers, and any insurance information for each vehicle. It should also contain the date and time of the accident, along with the address of the accident and information about any tickets which may have been issued.

Gather the following facts, which will help you analyze the strength of your client’s case or defenses:

• Where did the accident occur
• Number of lanes in each direction
• Traffic controls for all directions of travel
• The speed of vehicles and speed limits
• Travel directions
• Road conditions – construction, ice, snow, water
• Cross street description
• Place of impact on each vehicle
• Where did vehicles end up   
• When – the date and time of day
• Weather conditions
• Lighting
• Who was driving which vehicle
• Who owned the vehicles
• Where were the drivers coming from and going to
• Were any drivers doing anything for anybody else at the time of the accident
• Any driver not properly licensed
• Any drugs or alcohol involved
• Any passengers – where and in which vehicle
• Any witnesses – any statements
• Any injuries
• What happened to the body inside the car
• Was there an ambulance on the scene
• Anyone leave in an ambulance
• Anyone say they were injured
• Medical treatment – where, by whom, dates
• Police to scene
• Any tickets – who   
• Estimates of repair
• Repairs made
• Any vehicles insured – by whom