Have you ever listened to someone describe an accident or an event you witnesses, and wrongly describe the entire event. Witness bias usually causes people to see things that they did not see, or change their version of the accident to fit their bias or motives. Therefore it is important to evaluate and question every motorcycle accident witness to make sue they are not going to hurt your case or cause you great concern later. Please review Interviewing a Motorcycle Accident Witness, to learn how to interview and communicate effectively with a witness.

To uncover bias, is not difficult. You must first simply ask questions of the witness and listen to the answers. As the witness begins to tell you about their experiences or observations, listen carefully for their comments that identify their bias. "I hate it when motorcyclists always ride too fast" or "those motorcycle riders are always cutting down the middle of the lane and causing me a lot of grief" are obvious examples.

Once bias is noted, it is up to the interviewer to get all the information about the bias. Agreeing with the witness rarely works, and raises suspicion. A better technique is to ask the witness if they have had prior situations where they had trouble with a motorcycle rider or observed prior conduct that they thought was wrong. Questions like "Have you have a run-in with speeding motorcyclists?" may open up the witness to discuss in more detail the bias they may have. The trick is to ask open-ended questions, so that the witness can express as much detail as possible. In this way you, the interviewer, learn far more about the witnesses bias than asking direct questions.

Active Listening is the Key to Good Results

Anyone can ask a series of questions to "Cross Examine" a witness, in an attempt to get information from a witness. It is the thoughtful investigator that gets the true facts by listening and actively encouraging the witness to continue talking as he or she describes what was seen. This interview technique uncovers the real opinions of the witness, and uncovers the bias. Attacking a witness quickly stops the flow of information and soon the interview is nothing more than a statement of the basic observations and conclusions. The professional motorcycle accident attorney will ask open questions and make the witness comfortable. Do not initially record the statement. See Importance of Recorded Statements.

Encourage the witness to see his or her own bias, gently and openly. If we are faced with a witness that states that all motorcyclists ride fast, we might ask 'How fast was this motorcyclist going in your opinion?" Follow the question with "What gave you that impression?" If they cannot tell you why they have the impression, help them understand. Was it the noise of the motorcycle? Was it the quick glance that gave the impression? Most witnesses like to be truthful, and if they realize they really have no reason to conclude the motorcyclist was doing anything wrong, they will ignore their Bias and agree they simply have no information that allows them to give an opinion.

Encourage Disclosure of Bias by the Witness

A motorcycle accident witness with a bias against you or your case can actually help you win. When a witness discloses that he does not like motorcycle riders, or persons who ride on streets with motorcycles because they are such a bother, that witnesses favorable opinions or even neutral ones will be given great weight. Therefore if a witness is biased, try to get the witness to agree he is biased and still get the information that helps your case.

A witness with an agenda may actually be trying to hurt your case. In such cases, it may be best to obtain a written statement of facts that you know will help your case and that are confirmed by the witness. Call us if you wish a free consultation at 1-888-752-7474 or Online.