Car, truck, pedestrian accident - Independent witness - not in
involved motor vehicle -
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Independent lay witness in a motor vehicle case? Use a form to auto-pilot the process of drafting written questions that cover the usual topics of information you can get from witnesses who were not riding in one of the involved motor vehicles. Of course, as a lawyer, you must determine for yourself our form's fitness for your purpose, and apply your professional legal skills to determine the legal requirements of your local jurisdiction, and the needs of your particular case in relation to the specific witness. But 99% of the time, this list of questions are all you need to head to the deposition.
When you have an independent witness, you have an advantage. Don't waste it. In The jury usually regards witnesses who were not in the involved vehicles as trustworthy. Take your time during the deposition of them, and use a checklist to be sure you have not left out a normal item to cover.
One more thing: with this legal form in your computer armory for vehicle accidents, you have a great tool when you interview ambulance, fire, and tow truck personnel that arrived on the scene. This checklist is not only for deposition and trial testimony, it also works for interviews.
Within the class of “independent crash or scene witnesses, i.e., not occupants of involved vehicles”, there are two main divisions, (1) those who saw facts of the occurrence or events leading up to it, and (2) those who only arrived after the MVA impact. This checklist can be used for witnesses in both those divisions.
Use it for those independent, non-police, witnesses who were either eyewitnesses to the accident or eyewitnesses to the accident scene, whether of physical facts or what drivers or witnesses said at the scene. Thus this checklist can be used not only for a pedestrian who saw the accident, but also for a witness in a later arriving car who did not see the accident occur, but e.g., had stopped at the scene while skid marks were evident or a driver was telling bystanders what happened.
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