Baltimore, MD asked in Car Accidents for Maryland

Q: If I take statements from witnesses of my car accident, will those hold up in court?

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2 Lawyer Answers
Thomas Neary
Thomas Neary
Answered
  • Personal Injury Lawyer
  • Catonsville, MD
  • Licensed in Maryland

A: It depends what you mean.

You cannot bring the statements in and read them in Court. That is not allowed by the rules. You need to get the witnesses to Court to testify in person.

You can use the statements if those witnesses come in later and change their stories to help them or cross-examine them.

Eric Todd Kirk
Eric Todd Kirk
Answered
  • Personal Injury Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: The statements of witnesses would be considered hearsay and inadmissible at trial as substantive evidence of what happened. Those witnesses would need to appear in court and give live in-person testimony as to the happening of the accident, so that they are subject to cross-examination. If, however, the witness changes their story from the statement they gave you, the earlier statement can be used to highlight the inconsistency, or, potentially refresh recollection. It is always a good idea to record the contact information of witnesses, at a minimum.

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