When questioning a car accident witness, a victim of that same incident should focus on obtaining information that could shed light on who was at-fault.
What is the best time for questioning such a witness?
Your injury lawyer in Oshawa will get their contact information on the day of the incident. Then get in touch with that particular witness just as soon as possible.
What is the ideal means for speaking with any of the witnesses?
The victim of the accident could call the phone number that he/she had been given. It would not be improper to arrange a fact-to-face meeting with any of the witnesses.
The questions to ask during a phone call or a face-to-face meeting
• When did you arrive at the crash scene?
• Where had you been, before traveling to that spot?
• Where were your eyes focused during the minutes before the crash?
• Did you notice whether or not the involved vehicles were traveling at a high rate of speed during that short interval?
• Where were you looking at the time of the accident?
• Did you have a clear view of the accident site?
• Can you recall the name for any of the streets in the area?
• How were the damaged vehicles positioned after the collision?
Questions to avoid
Do not ask any witness to repeat a statement that he or she heard from someone else, before, during or after the crash. It would be acceptable to jot down any remark that made reference to a sound that the witness heard before, during or after the crash.
Do not seek specific details, if you have received a general answer. Still, you could warn the witness about how a defense lawyer might follow-up on the witness’ answer, during a discovery session.
For instance, if the witness had said that he/she had come from a nearby town, a defense attorney might inquire about his/her activities in that town. A lawyer’s questions could even include mention of an improper activity. The question could be framed in this way: Had you been to any bar in that town? Had you been to any other spot that sold liquor?
Perhaps the witness had come from an event at which no one had an interest in drinking an alcoholic beverage. It that was the case, then you might try to come up with a way for bringing that fact to the jury’s attention.
Do not diminish any level of confidence that might exist in the witness’ mind. Do your best to strengthen that confidence, so that he/she should be able to prepare better for whatever questions might come from the defendant’s lawyer. You cannot tell any witnesses what to say, but you can work to strengthen their confidence.