Just calling a witness and asking questions is not an effective way to interview witnesses. Letting the witness talk, exploring their bias and getting complete information is much more effective. Here is how a motorcycle witness should be interviewed.

There are three things you should do when preparing to interview the witness:

1. Know what the witness is going to say before the actual interview. This allows the attorney to actually anticipate the witness's testimony and get an idea of the areas where more information is needed. Review the police report. Speak to other witnesses. Review the versions of the client and also the insurance company adjuster. When you know what the witness is going to say, at least generally, you can plan your questioning better and you are empowered as an interviewer to ask the most interesting and detailed questions.
2. Always actively listen to the witnesses. So many interviewers and accident investigators loose sight of the purpose of the interview. It is not to get the facts. Reread number one. It is to evaluate the strengths and weaknesses of the witness and how that witness will help or hurt your case as it builds. Observe their demeanor. Many times their demeanor is a clue to other concerns. Is the witness shy, or hiding an opinion. Is the witness reluctant to get involved or unwilling to give a helpful opinion on the facts of the auto accident? Is the witness angry or irritated at you?
3. Never cause a witness to become hostile. Worse do not empower a neutral witness to start testifying against your case because they do not like you. The best way to have a witness like you is to listen more than talk, openly question rather than cross examine, and DO NOT INTERRUPT them. Let them speak fluidly and fully. As you begin to piece the case together, and their version, you will see the common threads that support your case and help you with a winning theme.

The Caveat of all witness interviews is to build confidence with the motorcycle accident witness, have that witness give facts that support your case not just conclusions, and have the witness feel the interviewer is being fair to them. If a witness does not want to talk to you after the interview, or fill out a statement, it is almost always because they are not comfortable with your approach.

If you are unsure about your ability to take a statement, Contact Us Online or call us at 1-888-752-7474 for a free consultation.