Your California personal injury claim can be greatly influenced by witness testimony, and that witness testimony can come in various forms. Examples include eyewitness, expert witness and character witness testimony with each of those individuals helping flush out and clarify the details of what happened.
Considerations and Hierarchy
First, it is important to note some considerations and a hierarchy that can exist between witnesses.
Bias
If you were in a car accident and one of the witnesses is a friend or relative who was in the car with you at the time, their objectivity may be questioned since they have a close relationship with you.
Also, in some cases, a supposed witness can simply want to be in the spotlight and will invent testimony that did not actually occur. In other words, they did not actually see what happened but are acting like they did. However, this situation usually becomes evident through inconsistencies in what they say.
Credibility
Especially in the case of character witnesses, the person's credibility may be challenged. This is often done before they even contribute testimony. For example, expert witnesses in California must be specifically qualified to serve in that role. Regardless of the type of witness who is providing this testimony, cross-examination and contrary evidence can test what they are saying and their overall credibility.
Hierarchy
Some witnesses will prove to be more valuable than others. Although this hierarchical ranking is an inexact science, a couple of important factors that influence it include how close that person was to the incident, whether they had a clear line of sight to it and how detailed their recollection of it is.
Types of Witnesses
There are three main types of witnesses who may be called to give testimony related to a personal injury case.
Eyewitnesses
Someone who witnessed the incident with their own eyes may provide testimony that consists of them describing what they saw in as much detail as possible. If their recollection matches up well with video and other types of evidence, that can further strengthen or weaken someone's case. Conversely, if there is no video or other evidence, eyewitness testimony is usually even more valuable.
Expert Witnesses
Although expert witnesses will have actually seen the accident in only very rare cases, what they say is usually invaluable. One common example is someone who specializes in forensics and in accident reconstruction and can analyze skid marks, weather conditions and other factors to recreate what happened, communicating that in their own words. Medical experts can also serve as expert witnesses.
Character Witnesses
Sometimes, character witnesses are vital to a case as well. Although they may not be eyewitnesses, they can provide feedback on the character traits and reputation of the person bringing forth the claim, other witnesses and others who were involved in the incident and proceedings. More to the point, they will usually help strengthen or weaken credibility of one or more individuals.
Presentation of Witness Testimony
How will witness testimony be presented? Although many imagine witness testimony as taking place in a courtroom, and this is, in fact, done on many occasions, there are also numerous other ways that this testimony can be provided.
One is a sworn deposition, which can take place before the witness enters a courtroom. This does not always happen, however, especially if it is highly likely that the person will appear at the trial. However, if a deposition has occurred, any inconsistencies between it and what is said on the stand will be analyzed and could hurt or help someone's case.
Limitations of Witnesses
Although witness testimony can prove to be so powerful in helping clear up and clarify a case's details, there are also numerous limitations that should be considered as far as witnesses are concerned.
Partial Knowledge
A witness may only have partial knowledge of what happened. Perhaps they only saw one part of the incident. Or maybe they were distracted when it happened and looked up and saw the immediate aftermath of the accident but not the crash itself. Another example would be a witness who saw that the light had turned red but did not notice if the car had entered the intersection before or after that happened.
If the incident in question is a car crash, it is understandable that a witness may not have seen into a driver's car - i.e. may not know if they had their seat belt on, were on their phone or whatnot.
The passage of time can also cause partial knowledge to occur even though it had been much more full knowledge in the past. For that reason, it is important to speak to witnesses about any incident that you have been involved with as soon as possible. The same day as the accident would be best, but even at some point in the days that follow would be helpful, much more so than doing so a year later.
Misremembering
Witness testimony can be full of flaws as human memory is not as failsafe as many believe it is. And if someone makes a statement that clearly contradicts what is seen on a video or was otherwise recorded, then it is likely that everything that they say about what happened will be disregarded.
Final Thoughts
Witness testimony can have a tremendous impact on your California personal injury claim. Reach out to any witnesses who may have seen what happened or would otherwise help and procure the services of a legal team that specializes in injury law to assist with that and with your case in general.
