Witnesses and the Internet
In the last entry, we began discussing internet searches for information on your client, the plaintiff and witnesses. It is always essential to locate and preserve witness statements early in the life of a case. Running a Google search for witness accounts of the accident can prove valuable, especially if you are involved in the case before litigation. After a basic Google search, I recommend visiting www.twitter.com and running a search for tweets concerning the accident. Twitter users frequently update their pages in real time and a witness may capture images, statements or accounts of the accident as it is happening. Other users may add comments regarding the accident. Because Twitter and most blogs are updated fairly frequently, I recommend taking screen shots and/or printing the entries before they are removed or become difficult to locate.
YouTube, Facebook and MySpace can also be useful resources for locating witnesses. Content posted by users is less searchable on Facebook and MySpace, but those websites can be useful for tracking down more information about witnesses, such as their location, employer and possibly their email address.
On Board Technology and Potential Distractions
Consider the technology in the vehicle and its potential impact on the case. For example, a car salesman recently tried to sell me a vehicle that had a lane change warning device installed in it. He pointed out that the feature was excellent because I could change lanes without looking. Will plaintiff claim that your driver relied too much on technology, such a traffic collision warning system? This is an important issue to evaluate if you represent a commercial vehicle driver or a recreational vehicle because these types of devices are more frequently found on those vehicles.
