• Mar 26, 2023|
  • Posted by: Michael Francis|
  • Read Time: 3 minutes

Witnesses are very important in any truck accident matter. If you’ve been involved in a truck accident, it is essential that you and your attorney investigate the facts of your case thoroughly, preserving evidence that will be used to build your case.

As part of your investigation, you will need to take statements from eyewitnesses, understanding what they observed at the scene. You may also need the help of expert witnesses, who can help you establish liability and damages.

What is the Role of Eyewitnesses in a Truck Accident Claim?

Eyewitnesses or lay witnesses can be essential to making a successful claim for negligence against the truck driver or trucking company responsible for your injuries. Eyewitnesses may testify as to what they observed at the scene of the accident, and they may add important information that can make or break your case. For example:

  • They may describe the chain of events that occurred before, during, and after the accident.
  • They may be able to offer details about each party’s actions at the scene.
  • They may describe what they perceived regarding the parties’ mental states.
  • They may discuss any injuries or damages they observed as a result of the accident.
  • They may discuss the road conditions, weather, and general conditions at the scene.
  • They may offer information about things that others stated at the scene.

Unlike expert witnesses, lay witnesses do not need to have any special qualifications to testify about what happened: they are able to do so, as long as they have first-hand knowledge and actually observed the events about which they are testifying.

It’s important to note that this does not mean a lay witness will be automatically considered credible — it is up to the jury to decide whether they believe the witness’s statements. While anyone with first-hand knowledge can be called to testify, it is also important that your attorney evaluates your witnesses’ credibility before putting them on the stand in your case.

Another way that witnesses can be involved in your case is through a deposition, which is questioning under oath. A deposition typically takes place during the discovery process, before a trial, where the parties formally exchange relevant information. During a deposition, a witness may share important knowledge about what they observed at the scene of the accident. In turn, that information may be very useful as you build your case and continue negotiating with the other parties and their insurance companies.

What is the Role of Expert Witnesses in a Truck Accident Claim?

A truck accident expert witness can make a big difference in your case, particularly when it comes to establishing liability and damages. In Texas negligence cases, the courts will allow expert witness testimony when it is helpful to the jury’s understanding of the case and relevant to the matter.

In order to use expert witness testimony, you will need to establish that the witness is reliable and qualified to give testimony. For example, a doctor’s testimony may be relevant and reliable to show the true extent of your injuries, establishing your economic losses and testifying regarding the medical treatments and future care you will need.

An expert witness can help establish liability by the truck driver or trucking company, as well. As one example, you may use an accident reconstruction expert to show what likely happened at the scene of your truck accident and help determine who was responsible for the wreck.

Both parties may have an opportunity to retain expert witnesses, and both parties will have the chance to examine and cross-examine those witnesses at trial. In addition to testifying at trial, expert witnesses can also be questioned under oath during a deposition, just like lay witnesses.

How Can The Francis Firm Help with Your Truck Accident Matter?

It’s important to understand the role of witnesses in a truck accident case, and an experienced, knowledgeable attorney can help. Our firm will focus on dealing with insurance companies so that you can focus on getting better. We will not only work on your behalf to obtain a fair and reasonable settlement but will also build a strong case on your behalf if a settlement is not possible and you need to take your claims to court.

Our experienced personal injury lawyers will inform you of your legal rights and options, and we will work with you to make sure you receive the medical care you need. If the insurance company refuses to offer full value in settlement, our trial-tested Texas personal injury lawyers are always ready to take them to court. Reach out to us today for a free, no-obligation initial legal consultation online or by calling 817-329-9001. With our office in Southlake, we serve communities throughout the Dallas/Fort Worth area, Tarrant County and Dallas County, and other counties of Texas.

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Michael Francis

Michael Francis is the founding partner of the Francis Firm and Flynn & Francis, LLP and has spent more than twenty-five years litigating personal injury and commercial litigation cases throughout the state of Texas and across the country. He is Board Certified in Personal Injury by the Texas Board of Legal Specialization.

Michael focuses his legal practice on personal injury and business litigation cases, with a particular emphasis on trucking, motor vehicle and complex commercial litigation matters. Michael has more than twenty-five years of experience litigating cases throughout the State of Texas, against many of the largest corporations and insurance companies. He has secured verdicts and settlements for clients in excess of $20,000,000.