Legal Question in Personal Injury in New York
Witness is lying
I spoke with my attorney today and he told me that since the other side has a witness who saw the accident,it COULD create a problem.
The fact is that this person may be the same wholesaler from which the deliveries were made(a delivery truck ran into me).
From the vantage point of this accident(he ran into my rear passenger door),no one could have seen the accident unless they were in the street.If a person was on the side where the commercial vehicle was,their view would be blocked by the commercial vehicle.
If the person was on the other side of the street,my passenger side was not in view;only the driver side.
I believe the vantage points be proved without an accident reconstructionist.
Could this information provide useful in proving that I was not liable for this accident,along with the fact that my insurance company gives me 0% liability?
2 Answers from Attorneys
Re: Witness is lying
A witness isn't necessarily the final word, the issue all comes down to a question of credibility and if the witness can be shown to be lying his testimony becomes usesless, or worse.
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Re: Witness is lying
Sure, anything is possible. But as a general rule, you don't want to count on being able to extract it from this witness, who may be hostile, at the trial unless you know in advance what he is going to say.
So you must take his deposition as soon as possible. Pin him down to his story so he's stuck to it. Understand exactly where he was positioned and what he observed. If at all possible, get him to admit that he was on the other side of the road away from the point of impact and that in truth, while he was present, he never actually did see the impact to either vehicle because it took place on the other side.
If you can do that, great, you probably don't need an expert for that issue.
Also, establish the witness'relationship to the other driver, or the company so it seems like he has an incentive to lie. This will cause the jury to at least question his credibility.
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