Finders Keepers: Securing Witness Contact Information

From an investigator's perspective, few things can be as frustrating as trying to locate a witness a year or more post-accident.

Having conducted innumerable first contact/initial intake surveys, it is our experience that it is critical to obtain as much information on potential witnesses as early on as possible. And. to then immediately reach out to those witnesses and obtain additional contact information. Often, the starting point of any file (once the retainer is secured) is the police accident report - PAR. (For the purpose of maintaining a tight focus, and as the information is applicable to other agencies and incident types as well, we will concentrate on police department PARs) A PAR's witness information content varies from agency to agency, county to county and even intra-department. An NYPD officer may be thorough and include the witness' name and address in the PAR's witness information section. A Yonkers cop may simply jot down the witness' name and address or phone number in the body of the accident description. Outside of the occasional NYPD officer or State Trooper, there is usually no witness identification verification conducted on scene.

In any case, your firm initially has only the PAR or any info that your client may provide regarding the witness(es). A simple phone call or contact letter within a week or so of accepting a case may not only secure contact information, it begins to establish an association between the witness and your client and can facilitate cooperation down the line.

Understandably, until the issues of accident/incident circumstances, injuries, liability and potential defendants are developed, a law firm may not wish to expend additional energy or monies on non-critical activity. Our experience, however, leans us towards an ounce of prevention when it comes to securing witness information. In an increasingly mobile/transient world, more information is not only better, but necessary. A phone call or contact letter requesting additional info (such as an emergency contact, email, employer info...) can often make the difference later on in obtaining a witness statement... or not. Done correctly, this witness outreach may a) induce the witness to become a more cooperative part of the process, b) begin to imprint a more solid recall of events should testimony become necessary and c) provide additional future contact avenues.