Car Accident Claims: 3 Ways To Discredit The Opposing Witnesses
Depending on how strong your case is compared to the opposing parties' cases, your attorney might recommend that you settle instead of going to court. In fact, 96% of cases are settled before trial. However, if you think that you'll have a better chance making your case in court, you need to be prepared for whatever tactics the opposing parties might throw at you. The biggest curve ball is perhaps witness testimony. If the opposing counsel will be calling witnesses to testify on their behalf, here are 3 ways that your auto accident attorney can discredit the witnesses.
Poke Holes in Their Story
Fortunately for you, your car accident attorney is responsible for poking as many holes in the testimonies offered by the opposing counsel's witnesses as possible. Your attorney will want to cross examine the witnesses during a deposition. This basically gives your attorney a good idea as to the type of information that each witness is able to offer up in court and which strategies to use.
Witnesses are often inconsistent with their version of the story. Some of the things that they witnessed might not align with medical reports, police reports, and accident reconstructions by professionals. Your attorney will need to determine whether there are any inconsistencies in the witnesses' testimonies. If there is, they will try their best to disprove the testimonies and poke holes in the witnesses' stories so that they do not seem credible or accurate.
Prove Their Position Does Not Give Them a Good View
Just because someone was present at the scene of the accident, it does not necessarily mean that they will make a good witness. Depending on where the witnesses were situated at the time of the accident, they might not have received an accurate view. For example, the witnesses might have been sitting behind a bus stand, in which case, part of their vision might have been obstructed. This might have prevented them from seeing a critical event that caused the accident to happen in the first place.
Where the witnesses were situated might also call into question whether they were focused enough to get a good view of the accident or whether they witnessed the accident from start to finish. For example, if the witnesses are other drivers on the road, your attorney might argue that these witnesses are not credible. This is due to the fact that the witnesses would have been more focused on the road than the circumstances that led to the accident.
Take a Long and Hard Look at Their Credibility
Everyone is vetted before they are asked to go to court. Your auto accident attorney is not only responsible for helping you to build a strong case, but they also should spend some time taking a look at the background of the witnesses that are being called upon by the opposing lawyer. It is especially important to determine whether any of the witnesses have questionable pasts or whether any of the witnesses might know or be related to the other parties involved in the accident. The witnesses' medical history might also be looked at.
For example, in the event that a witness has a criminal history, your attorney will want to look at the type of charges that were brought against the witness to determine whether it shows that the witness might be a dishonest person. Their concerns can be brought up in court.
Conclusion
In most cases, having a witness or two testify in court on your behalf can be very beneficial for your case. If the opposing party is calling witnesses to testify on their behalf, it's crucial that your auto accident attorney is prepared for whatever they might throw your way to ensure that it does not jeopardize your case.