Importance of Witnesses
Witness testimony can:
- Corroborate your account
- Establish driver negligence
- Counter false claims
- Describe injuries observed
- Document scene conditions
Types of Witnesses
#Eyewitnesses
- Saw the accident happen
- Most valuable testimony
- Can describe vehicle speed, signals, etc.
#Occurrence Witnesses
- Arrived immediately after
- Saw positions of vehicles/victims
- Observed initial injuries
#Expert Witnesses
- Accident reconstruction
- Medical experts
- Vocational specialists
- Economic experts
Finding Witnesses
#At the Scene
- Ask anyone nearby
- Get names and phone numbers
- Note where they were standing
- Ask what they saw
#After the Scene
- Check nearby businesses
- Review surveillance footage
- Post on social media
- Check with responding officers
#Canvassing
- Return to scene at same time
- Ask regular pedestrians/workers
- Leave contact information
- Check for regular witnesses
Preserving Testimony
#Witness Statements
- Get written statements quickly
- Record video statements (with permission)
- Note date, time, location of statement
- Have attorney conduct formal interview
#Why Time Matters
- Memories fade quickly
- Witnesses may move away
- Details become confused
- Defense can challenge credibility
Witness Credibility Issues
#Strong Witnesses
- No relationship to either party
- Good vantage point
- Consistent statements
- No reason to lie
#Weak Witnesses
- Friends/family of a party
- Didn't actually see accident
- Inconsistent statements
- Potential bias
Working with Your Attorney
#What Attorneys Do
- Conduct formal interviews
- Obtain signed declarations
- Issue subpoenas if needed
- Prepare witnesses for deposition/trial
#Protecting Witnesses
- Keep contact info confidential
- Don't coach their testimony
- Let attorney handle contact
- Preserve written statements
#
Eyewitnesses
- Saw the accident happen
- Most valuable testimony
- Can describe vehicle speed, signals, etc.
#Occurrence Witnesses
- Arrived immediately after
- Saw positions of vehicles/victims
- Observed initial injuries
#Expert Witnesses
- Accident reconstruction
- Medical experts
- Vocational specialists
- Economic experts
Finding Witnesses
#At the Scene
- Ask anyone nearby
- Get names and phone numbers
- Note where they were standing
- Ask what they saw
#After the Scene
- Check nearby businesses
- Review surveillance footage
- Post on social media
- Check with responding officers
#Canvassing
- Return to scene at same time
- Ask regular pedestrians/workers
- Leave contact information
- Check for regular witnesses
Preserving Testimony
#Witness Statements
- Get written statements quickly
- Record video statements (with permission)
- Note date, time, location of statement
- Have attorney conduct formal interview
#Why Time Matters
- Memories fade quickly
- Witnesses may move away
- Details become confused
- Defense can challenge credibility
Witness Credibility Issues
#Strong Witnesses
- No relationship to either party
- Good vantage point
- Consistent statements
- No reason to lie
#Weak Witnesses
- Friends/family of a party
- Didn't actually see accident
- Inconsistent statements
- Potential bias
Working with Your Attorney
#What Attorneys Do
- Conduct formal interviews
- Obtain signed declarations
- Issue subpoenas if needed
- Prepare witnesses for deposition/trial
#Protecting Witnesses
- Keep contact info confidential
- Don't coach their testimony
- Let attorney handle contact
- Preserve written statements
- Arrived immediately after
- Saw positions of vehicles/victims
- Observed initial injuries
#
Expert Witnesses
- Accident reconstruction
- Medical experts
- Vocational specialists
- Economic experts
Finding Witnesses
#At the Scene
- Ask anyone nearby
- Get names and phone numbers
- Note where they were standing
- Ask what they saw
#After the Scene
- Check nearby businesses
- Review surveillance footage
- Post on social media
- Check with responding officers
#Canvassing
- Return to scene at same time
- Ask regular pedestrians/workers
- Leave contact information
- Check for regular witnesses
Preserving Testimony
#Witness Statements
- Get written statements quickly
- Record video statements (with permission)
- Note date, time, location of statement
- Have attorney conduct formal interview
#Why Time Matters
- Memories fade quickly
- Witnesses may move away
- Details become confused
- Defense can challenge credibility
Witness Credibility Issues
#Strong Witnesses
- No relationship to either party
- Good vantage point
- Consistent statements
- No reason to lie
#Weak Witnesses
- Friends/family of a party
- Didn't actually see accident
- Inconsistent statements
- Potential bias
Working with Your Attorney
#What Attorneys Do
- Conduct formal interviews
- Obtain signed declarations
- Issue subpoenas if needed
- Prepare witnesses for deposition/trial
#Protecting Witnesses
- Keep contact info confidential
- Don't coach their testimony
- Let attorney handle contact
- Preserve written statements
#
At the Scene
- Ask anyone nearby
- Get names and phone numbers
- Note where they were standing
- Ask what they saw
#After the Scene
- Check nearby businesses
- Review surveillance footage
- Post on social media
- Check with responding officers
#Canvassing
- Return to scene at same time
- Ask regular pedestrians/workers
- Leave contact information
- Check for regular witnesses
Preserving Testimony
#Witness Statements
- Get written statements quickly
- Record video statements (with permission)
- Note date, time, location of statement
- Have attorney conduct formal interview
#Why Time Matters
- Memories fade quickly
- Witnesses may move away
- Details become confused
- Defense can challenge credibility
Witness Credibility Issues
#Strong Witnesses
- No relationship to either party
- Good vantage point
- Consistent statements
- No reason to lie
#Weak Witnesses
- Friends/family of a party
- Didn't actually see accident
- Inconsistent statements
- Potential bias
Working with Your Attorney
#What Attorneys Do
- Conduct formal interviews
- Obtain signed declarations
- Issue subpoenas if needed
- Prepare witnesses for deposition/trial
#Protecting Witnesses
- Keep contact info confidential
- Don't coach their testimony
- Let attorney handle contact
- Preserve written statements
- Check nearby businesses
- Review surveillance footage
- Post on social media
- Check with responding officers
#
Canvassing
- Return to scene at same time
- Ask regular pedestrians/workers
- Leave contact information
- Check for regular witnesses
Preserving Testimony
#Witness Statements
- Get written statements quickly
- Record video statements (with permission)
- Note date, time, location of statement
- Have attorney conduct formal interview
#Why Time Matters
- Memories fade quickly
- Witnesses may move away
- Details become confused
- Defense can challenge credibility
Witness Credibility Issues
#Strong Witnesses
- No relationship to either party
- Good vantage point
- Consistent statements
- No reason to lie
#Weak Witnesses
- Friends/family of a party
- Didn't actually see accident
- Inconsistent statements
- Potential bias
Working with Your Attorney
#What Attorneys Do
- Conduct formal interviews
- Obtain signed declarations
- Issue subpoenas if needed
- Prepare witnesses for deposition/trial
#Protecting Witnesses
- Keep contact info confidential
- Don't coach their testimony
- Let attorney handle contact
- Preserve written statements
#
Witness Statements
- Get written statements quickly
- Record video statements (with permission)
- Note date, time, location of statement
- Have attorney conduct formal interview
#Why Time Matters
- Memories fade quickly
- Witnesses may move away
- Details become confused
- Defense can challenge credibility
Witness Credibility Issues
#Strong Witnesses
- No relationship to either party
- Good vantage point
- Consistent statements
- No reason to lie
#Weak Witnesses
- Friends/family of a party
- Didn't actually see accident
- Inconsistent statements
- Potential bias
Working with Your Attorney
#What Attorneys Do
- Conduct formal interviews
- Obtain signed declarations
- Issue subpoenas if needed
- Prepare witnesses for deposition/trial
#Protecting Witnesses
- Keep contact info confidential
- Don't coach their testimony
- Let attorney handle contact
- Preserve written statements
- Memories fade quickly
- Witnesses may move away
- Details become confused
- Defense can challenge credibility
Witness Credibility Issues
#Strong Witnesses
- No relationship to either party
- Good vantage point
- Consistent statements
- No reason to lie
#Weak Witnesses
- Friends/family of a party
- Didn't actually see accident
- Inconsistent statements
- Potential bias
Working with Your Attorney
#What Attorneys Do
- Conduct formal interviews
- Obtain signed declarations
- Issue subpoenas if needed
- Prepare witnesses for deposition/trial
#Protecting Witnesses
- Keep contact info confidential
- Don't coach their testimony
- Let attorney handle contact
- Preserve written statements
- No relationship to either party
- Good vantage point
- Consistent statements
- No reason to lie
#
Weak Witnesses
- Friends/family of a party
- Didn't actually see accident
- Inconsistent statements
- Potential bias
Working with Your Attorney
#What Attorneys Do
- Conduct formal interviews
- Obtain signed declarations
- Issue subpoenas if needed
- Prepare witnesses for deposition/trial
#Protecting Witnesses
- Keep contact info confidential
- Don't coach their testimony
- Let attorney handle contact
- Preserve written statements
#
What Attorneys Do
- Conduct formal interviews
- Obtain signed declarations
- Issue subpoenas if needed
- Prepare witnesses for deposition/trial
#Protecting Witnesses
- Keep contact info confidential
- Don't coach their testimony
- Let attorney handle contact
- Preserve written statements
- Keep contact info confidential
- Don't coach their testimony
- Let attorney handle contact
- Preserve written statements
Key Takeaways
- Witnesses significantly strengthen cases
- Gather contact information at the scene
- Get written statements as soon as possible
- Independent witnesses are most credible
- Let your attorney handle formal witness preparation
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