Q: What are the steps needed to defend yourself in cases of traffic accidents or driving offences?
A: A friend of ours was recently charged with speeding in a construction zone. He is a conscientious driver and believed that he did not deserve to be charged by the police officer on the scene.
He returned to the construction zone later with his camera. He took consecutive photographs of the area, going in the direction he had been travelling when stopped by the police.
The photos showed the sign beside the road that announced a construction zone ahead, one he had not seen because he was in the left lane and the sign was small.
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His photographs also disclosed that there were no construction workers or construction equipment in the immediate area where he was ticketed. This was an important factor, according to the section he was charged under.
Our friend was not convicted of speeding. The photos proved to be excellent evidence in his court case.
When somebody is in a motor vehicle accident in which it is likely that there will be a dispute in small claims court over the insurance deductible, it is a good idea to return to the scene and photograph it.
Make sure to include relevant road signs and things such as snow piles that might have obstructed your vision or that of the other driver.
The person who took the picture must present photographs tendered in evidence, so it is best if you take them yourself or have them taken by somebody who can be present in court if necessary.
Another advisable step is to take some time, shortly after the event, to record your memory of the facts. Include simple diagrams of the intersection in question, direction of travel, position of your vehicle and the other vehicles, and other important details.
You will then be able to remember what happened better. Also, if there are witnesses to the incident, you may want to talk to them, find out what they saw, and obtain their names and addresses to call them as potential witnesses in the future.
