The statement documents the driver's account of the events, conditions, actions taken, and physical condition at the time. It may be recorded or written and is typically taken by the carrier's safety personnel or retained counsel.
Statements taken by counsel for litigation purposes may be work product.
Alternative Names:
Post-Crash Driver Statement, Driver Interview
Why it Matters?
The timing creates a real tension. An early statement captures the account before it is shaped by later information, but it also creates a document the driver will be cross-examined against for the life of the case, particularly if details change once the physical evidence emerges. Having counsel rather than safety personnel take the statement preserves a work product argument in many jurisdictions, which is worth the coordination.
Frequently Confused with
Related terms
Frequently asked questions
Should the driver give a statement immediately?
Is the statement protected?
