How Does Personal Injury Lawyer Judge Value of Witness’ Testimony?

Personal Injury Lawyer in Cayuga assess the credibility of the statements that have come from each witness.

Elements that add to a statement’s credibility

A neutral witness made statement

—That was someone that was not connected to the driver.
—That was someone that had no financial interest in the outcome for the case.

A clear statement might work to increase the credibility of the testimony from one of the other witnesses. A statement’s clarity might be used to jog the member of someone that has been scheduled to testify.

Willingness to expand on a given point, when questioned about same point

Reluctance to give an opinion, instead of a known fact

An unblemished background; the absence of any earlier attempts to tarnish the reputation of the person that has been called to testify

The time at which a witness appears should not affect his/her credibility

Personal Injury Lawyer Cayuga know that some witnesses feel reluctant to come forward until after the involved drivers have left the scene.

Realize that a pedestrian or a bicycle rider might have viewed a significant meeting or transaction. Maybe someone could direct the victim to the source of video footage.

—That source might be a store
—That source might be a parking lot
—That source might be an ATM machine
—That source could be a nursing home, or a similar facility

Elements that could damage a witness’ credibility

• Providing inconsistent details
• Displaying a hostile attitude
• Evidence showing that the witness had a poor vantage point
• Evidence showing that the view of the accident scene had been blocked, due to an object in path of light coming from that same scene.
• Evidence indicates that the witness viewed the accident for only a brief space of time
• Possession of a criminal history
• Facts indicate that the witness’ eyesight or hearing were impaired
• False allegation: That would include alleging that a written and signed statement must be notarized.
• Presentation of hearsay: That is why a judge would never allow presentation of the statements in a police report.
• Differences between what was stated in testimony, and what could be seen in video footage
• Differences between what was stated in testimony and what facts were shared in the recounting of a specific story
• Tendency for a statement’s words and phrases to sound almost the same as those that had been heard during an earlier period of testimony from a different person
• Inclusion in testimony of details that could confuse the jury
• Absence of good, clear background information in testimony
• Unexplained eagerness to share unverified facts about others
• Obvious reluctance to expand on a given point, one that the reluctant individual had introduced
• Effort made to present an opinion as a verified fact

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