The following is a true account of an actual call made by a prospective client (as always, names and details are omitted in order to protect the identity and confidentiality of the caller!):
A gentleman called my office, from his hospital room, in order to get representation regarding a major injury he had suffered in a collision with a train. He stated that he was told he'd been in a coma for several days, and had just recently woken up.
This was the kind of case that would spark anyone's curiosity. Not only did his injuries sound quite serious, but in a case involving a railroad crossing collision, there is a substantial amount of initial investigation and research to be done, all as soon as possible, in order to preserve crucial evidence.1
I asked him if he could recall what happened.
All he could remember was that his job sent him out to a small town in east Texas, where he was driving his small Honda around the curve of a winding dirt road. Then, as he put it, “I came around the corner, and — BAM! Next thing I know, I'm woken up in a hospital.”
"Is that all you can remember? Were there any witnesses that you know of?”
He said he was the only one on the road at the time, as he was making a very early morning delivery run.
"Well, have you been able to speak with the police to find out what happened, and what investigation they did?”
“Yeah,” he replied. “They came to visit me in the hospital, and told me I ran into the 47th car of the train.”
I was somewhat confused at this point. “So, you ran into almost the back part of the train, according to the police? And you don't remember anything about the train or the collision except for waking up in the hospital?”
“No, sir,” he replied.
“Then, why do you believe the train was at fault?”
“Well,” he replied matter-of-factly, “the police didn't give me a ticket!”
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