How Does Witness Testimony Work in a Truck Accident Case?

Perhaps no part of the criminal justice system is more distorted by our media than witness testimony. We’ve all seen our favorite TV attorney get someone on the stand who doesn’t want to talk, then catch them in a lie that cracks the case and saves the day. Pretty much the only part screenwriters get right is the value of witness testimony, which can be especially true in truck accident cases. But how does witness testimony work in those cases?

Answer: In Texas, judges decide which testimony the court will allow in a particular case. Judges also rule whether or not the witness must appear before the court or allowed to testify via affidavit. Further, both sides have a pretty good idea what witnesses will testify to ahead of time because of a process known as depositions.

In short, witness testimony is a vital part of many truck accident cases, but it doesn’t generally go how you might see on TV or in movies. However the testimony is gathered and used, though, it’s a key component in the pursuit of a personal injury claim.

Witness Testimony by Affidavit

An affidavit is essentially a written statement that a witness makes under oath. It’s often gathered early in the legal process to record what someone saw or experienced while their memories are still fresh. For example, an eyewitness might swear in an affidavit that they saw the truck driver run a red light, or a paramedic might describe the injuries they treated at the scene. Attorneys then use these statements to shape the narrative of the case.

Affidavits are particularly helpful in the pre-trial stages, since they give the judge a sworn account of facts without requiring the witness to be present at that moment. This can be important in motions for summary judgment, where a lawyer argues that the evidence is so clear that certain issues don’t need to go before a jury. That said, affidavits are not substitutes for live testimony at trial, because both sides have the right to cross-examine witnesses in person. Courts may also exclude affidavits if they seem heavy on hearsay or stray too far from the witness’s personal knowledge.

Affidavits’ value is in helping define the story early, discouraging witnesses from changing details later, and giving both the court and opposing counsel a clear picture of how the evidence lines up. They don’t replace trial testimony, but they may act as leverage in settlement negotiations and as a foundation for the case’s legal arguments.

Witness Testimony by Deposition

Prior to trial, witness testimony can be taken by deposition. Depositions are oral testimony transcribed by a court reporter or recorded as video or audio, which are admissible in court as if the witness was on the stand. This evidence can be pivotal in negotiation strategy, mediation, and trial preparation.

In a deposition, an attorney is allowed to ask any witness any relevant question about the case. That means the person must answer unless the question breaches attorney-client privilege or is meant to harass or embarrass them. The following are some examples of permissible and impermissible questions your attorney might ask the truck driver who hit you:

• Yes: “You consumed alcohol the day of the incident, didn’t you?”
• No: “When was the last time you had sexual intercourse?”
• Yes: “At no point when you were changing lanes before you hit my client did you check your mirrors, right?”
• No: “Did your lawyer tell you to answer that way?”

The point of a deposition is to gather information that could lead to the discovery of evidence. It’s also used to test witnesses’ memories, biases, and credibility. Your attorney is allowed to investigate parts of the witness’s past that might be relevant to their credibility, such as trouble with the law. For instance, if the truck driver who injured you was arrested for DUI in the past, that’s something your attorney definitely wants to know before you get to trial. Even if the driver was convicted of something unrelated to driving, like passing bad checks, that’s useful to know since such dishonesty may impact the driver’s credibility.

Does finding criminal activity in the driver’s or the trucking company operators’ past automatically mean you win your case? Of course not; it’s just ammunition for your claim. That’s a double-edged sword, though, as the defense can depose you and look for similar dirt. Any legal troubles in your past should be revealed to your own counsel, so they can try to either keep that information out of court or limit the damage it does. Not all of our clients are angels, but their case isn’t about airing their dirty laundry—it’s about making things right after someone’s negligence hurt them.

Witness Testimony at Trial

Virtually every witness in a truck accident will be deposed prior to trial, because neither side wants any surprises about what the person is going to say. So why even put witnesses on the stand if an attorney can just play a video deposition for the jury? Because some people are either so believable or so unbelievable that counsel wants the jury to see them in person.

Example: Imagine that the truck driver who hit you had a proven blood-alcohol level of .16—four times the legal limit for commercial drivers—but claimed in his deposition that he hadn’t touched a drop of alcohol. Your attorney would definitely want to put him on the stand, because the driver would either have to perjure himself in front of a jury or admit lying under oath during the deposition. That would be a huge blow to the defense.

Furthermore, people don’t evaluate truthfulness based on words alone. Body language, tone of voice, and other non-verbal clues can impact a jury just as much as what someone actually says, and those don’t always come through as clearly from a video as they do when sitting in the same room. Therefore, attorneys still call people to the stand so a jury can size them up personally.

What Witness Testimony Is Admissible in Court?

In fictionalized courts, witnesses are called seemingly at the whims of the lawyers. Handily enough, everyone the attorney wants to summon—crooked brother-in-law, jilted lover, even the random grocery clerk who found the body—are always present and ready for their turn on the stand. Realistically, though, that would never work. Who in their right mind would call anyone to testify in a trial without knowing exactly what they’ll say? That’s great for drama, but disastrous for real life legal strategies.

It’s not just the unpredictability of the testimony, either. Some people aren’t shy about seizing any chance to act up for attention, which is clearly not the purpose of putting them on the stand. If you allowed a witness of that mindset into civil or criminal justice proceedings, you’d probably get more entertainment than justice.

For those reasons, we have rules and procedures about how to gather witness testimony. It can be given by deposition, by affidavit, or in person at trial, but it must always be in the presence of someone authorized by the court to receive it. That means not just anyone can ask witnesses questions, film them, or even compel them to testify in the first place. Also, both sides in a dispute must be granted equal access to witnesses.

Whatever the witness has to say in whichever venue their testimony is taken, a jury can’t hear that testimony unless it complies with the the Texas Rules of Evidence. Here are a few of the rules as examples:

• Every person is competent to be a witness with the exception of those the court deems not to have sufficient mental capacity to answer the questions they are asked (e.g. children or mentally ill adults);
• The witness must have firsthand, personal knowledge of the events they are testifying to; and
• Those with special training, education, and/or experience in a relevant topic may testify if a judge believes that it can help a jury better understand the issues.

Example: Sally’s car and Norm’s 18-wheeler collided in an intersection, injuring Sally. In a lawsuit, Sally claims that Norm’s truck hit her car, while Norm argues that Sally failed to yield the right of way. From there, Sally’s attorney and Norm’s lawyer (and his company’s lawyer, and their insurer’s lawyer) will argue from their clients’ points of view.

The physical evidence of the accident isn’t enough to definitively say whose story is true, so attorneys from both sides track down and interview everyone who might have seen how things really played out before the crash. They also hire investigators and forensic experts to review the wreck and gather information to reinforce their claims.

With contributions from some deposed witnesses, affidavits from others, and expert testimony on the stand, Sally’s attorney convinces a jury that Norm sped through the intersection trying to beat a red light. Weighing the evidence against the defense’s claim that Sally was wrongfully in the intersection, a jury decides in Sally’s favor.

In the above example, fault would have been too difficult to sort out based only on evidence from the crash scene. Adding witness depositions and expert opinions helped flesh out Sally’s case and convince a jury that she was the wronged party. In other circumstances, the strength of those witness statements might have kept Sally from bothering with a day in court.

Witnesses Can Win Your Case Without Ever Seeing Trial

Have you ever seen a sporting event that was so lopsided that by the end of the game, there weren’t many fans left in the seats? Or maybe you went to a movie or a play so bad that people just got up and walked out? When an outcome becomes predictable or inevitable, folks tend to give up and move on.

How does this apply to your truck accident case? Because a case that’s flush with irrefutable evidence often convinces the opposition to give up before a jury ever hears about it. Something like 90% of cases never get to court because one side presents such an overwhelming case that the other realizes there’s little to no chance of winning.

Unlike a sporting event, where two teams take the field evenly, trials are rarely even and one side usually has an advantage over the other. If the plaintiff’s case is clearly overwhelming, the trucking company’s attorneys may be intimidated into forfeiting their right to trial and choose to negotiate a settlement out of court instead. When that happens, the negotiation begin and, with luck, we can reach a fair settlement without the time and cost of a drawn-out trial.

Grossman Law Offices Can Help

Hopefully this article has shed some light on the different types of witness testimony and their importance to a truck accident case. Whether from bystanders, other drivers, or experts, these sworn statements can clarify crucial questions of fact and fault. Securing that testimony early can significantly bolster a claim and affect the outcome of a case. However, witnesses don’t always wait around for someone to get their contact information. A typical truck accident victim is in no shape to interview anyone right after the crash, and doesn’t have the experience or resources to track people down later.

At Grossman Law Offices, our attorneys draw on decades of experience handling truck accident cases, which includes the critical task of locating and interviewing witnesses. By carefully gathering sworn statements and affidavits, we ensure that our clients’ cases are supported by strong, reliable testimony that can make the difference in negotiations or at trial.

If you were hurt or lost a loved one in a commercial vehicle accident, contact Grossman Law Offices to day for a free and confidential consultation. Our attorneys are available 24/7.