Since the burden of proof is on the plaintiff (in my firm, usually the injured person), it is best to do a thorough investigation to uncover clear, objective, and compelling evidence.

One of the things that makes me happy is when my investigator is able to locate a non-party witness that can relate positive testimony regarding my client’s case. A “non-party witness” is one who is obviously not a party to the lawsuit. He or she can provide an account of how an accident took place without being considered to have a stake in the outcome of the case.

That witness should be vetted for his or her reliability (e.g., are they of sound mind? Were they in a clear position to observe the accident?).  Are the impeachable? (e.g., do they have a criminal record? Do they have any connection to your client?)

In an auto case, such a witness should be listed in a Police Report to satisfy the requirement that they actually witnesses (or were in a position to witness) the accident. If they are not listed on a Police Report, it becomes questionable as to whether they are reliable as witnesses.  Generally speaking, a non-party witness listed on a Police Report is considered to have valuable information because they obviously were on the scene post accident and were confident enough to provide their information to law enforcement.

Non-Party witnesses can make or break a case in court.  It is the tiebreaker that can mean victory or defeat for a client.

An experienced attorney intuitively seeks out strong, positive evidence for his clients.  Call Charles DeStefano if you were injured in an accident and are  seeking the services of a lawyer with over 29 years of experience and over 2,000 clients.