Why Your Accident Witness May Be Deemed Unusable
One of the things you should do when you are involved in an auto accident is to take all the witnesses' contacts. Don't just take one or two peoples' contacts because you never know which of them may be deemed as unbelievable later on. A person's testimony may not help you much if he or she is not a credible witness. A witness may be considered incredible if he or she:
Is Inconsistent with the Testimony
For a witness to be viewed as credible, he or she must have the same account for the event he or she witnessed whenever he or she is asked about it. For example, the witness must have the same account for the police, during deposition and cross-examination. Consider that a witness that changes his or her position about what happened during the accident--from crossing the road to making a phone call by the roadside – is not credible.
Gives Implausible Testimony
A witness may be considered unusable, even if he or she gives a consistent version of events, if his or her testimony is implausible. For example, it is inconceivable to expect a truck to be doing 10mph on a four lane highway with a 70mph speed limit. Therefore, if a witness gives such a testimony, then he or she may be viewed as unbelievable.
Could Not Have Seen the Accident
Some people may testify to situations they did not even witness in the first place. They may do this, for example, to help a plaintiff or defendant to whom they are sympathetic. Consider an example where a witness claims that a driver had both hands on the wheel when making a corner. He or she may do this hoping to save the driver from liability. If it is revealed that the witness position on the road means that he or she couldn't have seen the driver's hands, then he or she may be deemed as incredible.
Has a Personal Interest in the Case
Lastly, a witness may also be deemed as incredible if he or she has a personal stake in the outcome of your case. This may be the case even if he or she appears to be telling the truth. For example, if he or she is related to the defendant or plaintiff, has been promised some money by either party or works for one of the parties involved in the suit.
Therefore, if you leave the scene of an accident before getting witnesses' contacts you should go back and get them. They may hold the key to winning your accident claim. Talk to lawyers such as Marquard & Associates for more information.
