- August 5, 2011
- In motorcycle Accident
Experienced Southern California motorcycle accidents attorneys and virtually every other type of lawyer understand the concept of witness bias very well. Anytime Orange County motorcycle accident lawyers question someone on a witness stand, they must discern whether the witness has a bias and how that bias can affect their case. In short, witness bias is a motorcycle accident eyewitness’ propensity to remember things incorrectly, either deliberately or accidentally. For example, if three people witness a motorcycle accident, chances are good that the police officer interviewing them will receive three different versions of how the accident occurred and the sequence of events that led to the accident. Chances are also good that if the case goes to trial, motorcycle accident lawyers in Anaheim or elsewhere will have to distinguish witness bias from fact.
Witness bias is different from perjury as perjury implies that someone knowingly told a lie. Each person has biases that consciously and unconsciously affect how he or she interprets the world. Witness bias can result in accident witnesses insisting under oath that they saw things they didn’t see or change their recollection of an accident to suit their bias toward a person or group of people. During questioning, it is an Anaheim motorcycle accident attorney’s job to do the following:
Ask a witness questions and listen intently to the answers to see if they have any bias to determine what that bias is and how it can affect the case
Gather information about the bias to gain a better understanding of how the bias affects credibility as a witness
Ask indirect questions about the bias so that the witness describes it in greater detail and the judge or jury can take it into consideration
Most of the time, witness bias is not deliberate or malicious. A witness might unknowingly harbor bias against motorcycle riders because an inconsiderate rider in her neighborhood guns his engine early in the morning or late at night. It is the motorcycle accident lawyer’s duty to identify that bias. Further, the lawyer must artfully expose it without insulting the witness or anyone else in the courtroom or the deposition room.
The Orange County motorcycle accident attorneys at this personal injury law firm have many years of experience interviewing accident witnesses in and out of courtrooms, determining what their biases may be and separating fact from bias during a trial. If you or a close family member has been injured in a motorcycle accident, the experienced Anaheim motorcycle accident lawyers at the Law Offices of Samer Habbas may be able to help. To schedule a consultation to discuss your case, call them today at 888.848.5084.
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