ATV Investigation Checklist

by John Cabaniss

1. Review client interview and file materials.
2. Meet with principal lawyer and put together a blueprint for the investigation. Discuss theories, defendants, and anticipated problem areas.
3. Locate and fully identify the ATV and all attendant parts and accessories, including damaged and replaced parts. Purchase the vehicle if it is not owned by the injured riders. Store the machine and parts in a safe and secure place.
4. Photograph the ATV, including all warning labels and identification plates.
5. Locate, identify, and secure the rider's helmet and other safety gear and all safety gear product documents.
6. Obtain and secure all product documents-advertising materials, labels, instructions or warnings, bill of sale, warranties, and operator's manual.
7. Trace the vehicle's maintenance and repair history and obtain copies of all invoices.
8. Document all pre- and post-accident modifications to the ATV.
9. Obtain product documents on all optional equipment added to the vehicle before and after the injury.
10. Inspect and photograph any other vehicle involved in the accident.
11. Inspect and photograph the accident scene (in the presence of the plaintiff or a key witness if possible). Take detailed measurements. Obtain aerial photographs if possible.
12. Identify and photograph all warnings and posted markers at the scene.
13. Decide whether to have the scene surveyed.
14. Map the scene.
15. Obtain contour and topographic maps if available.
16. Determine whether the accident site is frequented by ATV riders. If so, videotape others traversing the same terrain.
17. Consider videotaping a reconstruction of the accident at the exact accident site.
18. Consider canvassing the area for potential witnesses.
19. Obtain copies of all reports from all entities that investigated the accident. (These may include but are not limited to law enforcement agencies, insurance companies, landowners, the U.S. Forest Service, the manufacturer; the CPSC, and the coroner.)
20. Get complete statements from all investigators.
21. Get copies of all statements and photographs taken in the course of the above investigations.
22. Get statements and "trip reports" from emergency vehicle medical personnel.
23. Check with emergency, medical personnel, law enforcement agencies, and newspapers for photographs of the accident.
25. Get a copy of the plaintiff's driving history from the appropriate state agency.
26. Get relevant records of the plaintiff's criminal history, if any.
27. Get relevant records regarding any prior claims or lawsuits in which the plaintiff has been involved.
28.If towing was involved, get statements from the person who towed the ATV from the accident site.
29. Get statements from all others injured in this occurrence, all eyewitnesses, and any other people who may have pertinent information on this accident.
30. Get statements from everyone involved in instructing the plaintiff how to operate the MW and any other people the plaintiff has taught to operate ATVs.
31. Attempt to get a statement from the salesperson who sold the ATV.
32. Consult your expert to determine if any repairs or maintenance could have been a factor in the accident. Decide whether to get statements from individuals who have performed service or maintenance work on this vehicle.
33. Consider obtaining and photographing promotional materials from the dealer.
34. Consider investigation to deter-mine dealer sales techniques, availability of rider training, manufacturer's position regarding hazards, claims made in advertising copy, etc.
35. Obtain copies of any instructional materials to which the plaintiff was exposed, including but not limited to tapes from the Specialty Vehicle Institute of America, an industry body that is headquartered in Irvine, California.

[TRIAL NOVEMBER 1992]