For The Defense, December 2011 - DRI Today

Trucking Law
Rapid Response Teams
By Durward D. Casteel
and Aaron J. Messer
Pieces of evidence, each by itself insufficient,
may together constitute a significant
whole, and justify by their
combined effect a conclusion.
—Lord Wright
Physical evidence cannot be wrong, it
cannot perjure itself, it cannot be wholly
absent. Only human failure to find it,
study and understand it, can diminish
its value.
—Paul L. Kirk
50 ■ For The Defense ■ December 2011
Investigation
of Catastrophic
Accidents
Time is of the essence when investigating a catastrophic
trucking accident since key evidence, such as a favorable
witness, a faint tire mark, or accident debris, disappears
quickly from a scene. For this reason, trucking companies
and their third-party administrators or
insurers use small groups of professionals
known as “rapid response,” “go,” or
“CAT” teams to assess and investigate accidents
quickly. This article offers a primer
on the makeup and activities of a successful
trucking accident rapid response team.
The article also addresses the application
of the attorney- client privilege, the work-
product doctrine, and spoliation to the
team’s efforts and findings.
Benefits of a Rapid and
Thorough Investigation
A thorough investigation has many benefits.
First, it will increase the chance that a
trucking company will have the evidence
necessary to defend no-fault accidents, or
to prove comparative fault on the part of
other drivers or third parties such as highway
construction companies or state transportation
departments. Second, collecting
and documenting physical evidence will
allow a trucking company to evaluate wit-
ness statements better, including that of
the trucking company’s driver. Third, rapidly
and thoroughly investigating an accident
better positions a trucking company
to influence investigations by governmental
agencies because the company’s team
can then provide evidence when appropriate
to an investigating authority or to a district
attorney. Finally, an investigation will
assess an accident’s causes early and accurately.
This early assessment will increase
the chance of achieving a timely settlement,
when appropriate, by providing the information
necessary to set a proper reserve.
Importance of Arriving at the
Accident Scene Quickly
Team members must arrive on the scene
of a catastrophic accident as soon as possible
so that key evidence can be preserved
or documented. A rapid response has the
advantages of
• Identifying all potential witnesses, including
law enforcement, fire depart-
■ Durward D. Casteel and Aaron J. Messer are trial attorneys at Casteel & Associates in Baton Rouge, Louisiana.
They practice primarily in the areas of trucking and insurance defense. Both are active members of
DRI and its Trucking Law Committee. The authors thank Cline Young for his assistance regarding the accident
reconstructionist’s role in responding to a catastrophic accident, and the engineers at Delta [V] Forensic
Engineering for their input into the electronic data section of this article.