Free Consultation: (650) 345-8484 Tap Here to Call Us

A Law Firm You Can Trust.

Contact Us for a Free Consultation

A Law Firm You Can Trust.

Ways to Overcome Unfavorable Eyewitness Testimony in Your California Auto Accident Case

Many people have heard the wise admonition that you “never judge a book by its cover.” This truism is sage advice. Along those lines, just because some facts are readily available in your accident case, never assume that they are the only facts and, if those initial facts are unfavorable to you, never assume that your case is hopeless. Instead, get a qualified opinion from a seasoned San Mateo auto accident attorney experienced in handling these kinds of cases and doing the sort of investigations they require.

A 2017 head-on crash, and the 2021 trial it generated, are examples of the wisdom of that advice.

The drivers involved were a 64-year-old man, who was carrying his wife and his neighbor in his GMC pickup truck, and a 32-year-old man behind the wheel of his employer’s Ford pickup truck. The GMC was headed southbound and the Ford northbound when the two trucks collided head-on. The driver of the GMC died from his injuries.

The Modesto Bee reported that “witnesses told the CHP the 2002 GMC… was heading south on Terminal [Road] when it crossed into the northbound lane and struck a pickup head-on.”

Eyewitness testimony is potentially very powerful. However, eyewitness testimony that possibly bolsters the defense’s case, while potentially damaging, is not necessarily fatal to your case. With the right legal team, the right investigation, and the right proof, you possibly can show that those eyewitnesses were mistaken.

Look at the 2021 trial that arose from this head-on accident. While the defense may have used that eyewitness testimony that the newspaper report referenced, the plaintiff had the fruits of a detailed crash scene investigation, as well as an expert engineer interpreting that evidence. The engineer looked at the gouge marks in the road at the point of the collision and, from those marks, along with electronic data recorder (EDR) data from the Ford truck and the physical damage evidence obtained from both trucks, deduced that the driver of the northbound truck, and not the dead man, was the driver who crossed the centerline of the road, perhaps by as much as three feet.

The Defendant Was Also Speeding, According to EDR Data

Additionally, the data from the Ford truck’s EDR revealed that the northbound driver was traveling at 70 mph at the time of the crash. The speed limit was 55 mph. Evidence like this, in a case where each side alleges that the other was at fault, can be highly beneficial. Even if the jury finds that you were partly to blame, that proof that the other driver was speeding may establish that the defendant was (at a minimum) partly to blame and ensure that you obtain at least a partial recovery.

In the Modesto case, though, the jury was persuaded by the estate’s powerful evidence and found the other driver to be entirely at fault, awarding the man’s estate a total of $5 million.

Few auto accidents are exactly what they seem at first blush. Getting to the truth and getting a complete picture means doing a lot of “digging,” and also knowing how to “dig.” When you need to seek recovery for the harm you suffered in a vehicle crash, rely upon the skilled San Mateo vehicle accident attorneys at the Law Offices of Galine, Frye, Fitting & Frangos to be the effective legal advocate you deserve. To set up a free consultation with one of our helpful attorneys, contact us at 650-345-8484 or through our website.

Auto AccidentsandTruck Accident

Client Reviews

    I retained Ilya Frangos of Galine, Frye, Fitting & Frangos on a business litigation matter involving a frivolous lawsuit filed in federal court. Ilya guided me through the case and helped make sure that I understood the process… He always took the time to answer all my questions and helped put my mind at ease. I would highly recommend him and this firm!

    Agatha

    I called Mr Frye after my wife had passed away… John listened to my case over the phone, after aggreeing to represent me, handled everything from there… I have already recommended Mr Frye to a friend for help with a similiar case and would without reserve recommend him to anybody. He came highly recommended as an expert in these type cases, and I believe he demonstrated this personally.

    Jerry

    Chantel Fitting is as good as it gets. If you have been injured, need help and cant get what you know you deserve from one of the big insurance companies, then you have got to call Chantel. She will fight for you like it was her that was hurt… She cares. Call her. You wont be sorry you did.

    Cindy C.

    A great experience. Excellent law firm which treats their client’s with the utmost respect. Very knowledgeable and made me fell extremely secure when handling my personal injury claim. Would highly recommend Galine, Frye, Fitting & Frangos to handle your next case.

    Lisa D.

    I was fortunate enough to have been represented and retained by this law firm for my injuries sustained by an under insured motorist. I must say Chantel Fitting and Illya Frangos went above and beyond trying to resolve my case… I would highly recommend this law firm and stop shopping around if you are looking for the best, as this is as good as it gets.

    Joanna K.

Submit a Law Firm Client Review