Legal Question in Criminal Law in Missouri

eyewitness reluctant to talk

My son was killed in a one car accident. There were other people in the car at the time but when the police arrived no one was in the car. For that reason, they can't say who was driving. There is an eyewitness who saw who was driving just moments before the accident but won't come forward. Is there anything I can do to persuade this person to talk to authorities and help me?


Asked on 2/02/07, 10:27 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: eyewitness reluctant to talk

I am sorry to hear of the loss of your son. If you are considering filing a civil suit under the wrongful death statute, you could subpoena the witness for his or her deposition and he or she would be required to answer questions under oath. If you are only concerned with the prosecution of a criminal charge against the driver, then the law enforcement authorities can bring the witness in for questioning and use their skills to obtain some cooperation. Also, it occurs to me that the owner of the car must have had insurance, and the insurance carrier should be conducting an investigation which would include interviewing witnesses to determine who was driving. You might want to contact the insurance company to see what they are doing. I do wish you the very best under the circumstances.

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Answered on 2/02/07, 11:09 pm


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