Witnessing a Fatal Car Accident: Ethical Dilemmas of a Lawyer

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In summary, the family's lawyers are trying to get you to remember the accident in a way that benefits their case. They are asking you to remember things that you may not remember correctly, and are trying to get you to change your statement to match what they want you to say. You don't have to talk to them, and it's likely that you will continue to receive calls until you say something that can be used against the truck driver.
  • #1
lisab
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Two years ago today, I was a witness to a car accident. A family was in a car on the side of the road. The car pulled back onto the highway, right into the path of a semi truck that was loaded with bricks. When I say "right into the path" I mean, maybe two meters. The truck driver was not at fault; the driver of the car was.

A 14-year-old boy died in that accident. It was so horrific, watching the Trooper tell the mom the bad news. My daughter was 14 at the time!

Since then, I get calls from the family's lawyers from time to time, asking me to go over what I saw. It's clear that they "want" me to remember it differently...to put the blame on the truck driver (who almost certainly has deeper pockets than the family).

Isn't it unethical, what the lawyers are doing? Or is it just part of their job? It's not blatant, but unmistakable, that they're trying to sway my account. How long do you think I'll be getting these calls?

I drive by the site every day...sad to think about it.
 
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  • #2
lisab said:
Two years ago today, I was a witness to a car accident. A family was in a car on the side of the road. The car pulled back onto the highway, right into the path of a semi truck that was loaded with bricks. When I say "right into the path" I mean, maybe two meters. The truck driver was not at fault; the driver of the car was.

A 14-year-old boy died in that accident. It was so horrific, watching the Trooper tell the mom the bad news. My daughter was 14 at the time!

Since then, I get calls from the family's lawyers from time to time, asking me to go over what I saw. It's clear that they "want" me to remember it differently...to put the blame on the truck driver (who almost certainly has deeper pockets than the family).

Isn't it unethical, what the lawyers are doing? Or is it just part of their job? It's not blatant, but unmistakable, that they're trying to sway my account. How long do you think I'll be getting these calls?

I drive by the site every day...sad to think about it.
I'm sure they are hoping to get you to slip up on something so they can have your testimony thrown out.
 
  • #3
Evo said:
I'm sure they are hoping to get you to slip up on something so they can have your testimony thrown out.

Maybe I should stop talking to them. I don't think I have a legal obligation to do so.
 
  • #4
lisab said:
How long do you think I'll be getting these calls?

As Evo says, this will probably go on until you say something that makes your statement admissible. I would just answer their questions with "no comment," and then put the phone down. You don't have to talk to them, and clearly it's annoying, if not upsetting for you.
 
  • #5
sue 'em
 
  • #6
lisab said:
Maybe I should stop talking to them. I don't think I have a legal obligation to do so.
Once you've given a statement to the officer, that should be the end of it, until you are called to sit in court and testify. It's always good to write down the events as soon as possible so people can't get you confused later.
 
  • #7
Especially since, while you think it is burned into your memory, two years is a long time
 
  • #8
I think what they are doing is witness tampering, lisab. You have made your statement to the police, and the lawyers' next chance to legally question you is in a sworn deposition. They will ask you to attend a deposition, and if you refuse they can subpoena you to compel you to attend. At that time, a court reporter will swear you in, and the lawyers from both sides get to ask you questions under oath. Your answers are subject to the same rules as if you gave them in a court of law, so it's a good idea to give answers that are brief and to the point and honest. NEVER answer a question that you feel is leading or is worded in a way that can be subject to interpretation - you have the right to ask for any question to be explained and rephrased if necessary.

If you know what court has jurisdiction over the case, it might be a good idea to contact the clerk of that court and explain to him or her just what your concerns are - they should be able to give you guidance as to what is and is not permissible contact between the lawyers and potential witness. If indeed they feel that the family's lawyers are harassing you a judge has a number of remedies at his disposal to stop that behavior. Good luck.
 
  • #9
My wife went through something similar. An elderly couple did a left turn into oncoming traffic. The old guy didn't even yield. A young kid (~18 or 19) plowed right into the old guy. The old guy's lawyer called us and tried to convince my wife that it was the kid's fault! I couldn't believe it. She told them - NO! and that she'd given a statement.

It is highly unethical for a lawyer to coax someone to change their testimony. To them it's a game.

I've always expected the practice of law to be the search for truth and justice. Apparently some lawyers (and politicians) don't see it that way. :grumpy:
 
  • #10
It's okay when Matlock does it, but if it doesn't sound like Andy Griffith on the phone just hang up.
 
  • #11
Hang up the phone on them Lisa. Too much is at stake here.
 
  • #12
I worked with a guy who got his arm twisted off by a conveyor belt. He wanted me to testify for him. Unfortunately just a week or two earlier I had filled out a survey for the company that asked what the best and worst things about my job were and under worst I put "working with Bill, he's either going to kill himself or someone else."
 
  • #13
lisab said:
Maybe I should stop talking to them. I don't think I have a legal obligation to do so.

Do not answer the phone. Do not comment.

I can't believe their child passes away in a horrific accident and all the family can think about is money. Sad... sad.
 
  • #14
lisab said:
Maybe I should stop talking to them. I don't think I have a legal obligation to do so.

I would just tell them that you've already given your statement to the police and have nothing more to add; if they keep calling, keep track of when they call and what they say to you. If it goes to trial, I think it's worth mentioning this to the judge if you're called as a witness. Let the judge decide if their actions were ethical or within reasonable legal bounds.
 
  • #15
JasonRox said:
I can't believe their child passes away in a horrific accident and all the family can think about is money. Sad... sad.

Not necesarilly family. Shark between lawyers looks like toothless earthworm.
 

1. What are the main ethical dilemmas that a lawyer faces when witnessing a fatal car accident?

The main ethical dilemmas that a lawyer faces when witnessing a fatal car accident include the duty to maintain confidentiality, the duty to report any illegal actions, and the potential conflict of interest if the lawyer is representing one of the parties involved in the accident.

2. Is it morally right for a lawyer to withhold information about a fatal car accident from their client?

The answer to this question depends on the specific circumstances of the case and the lawyer's ethical obligations. In general, a lawyer has a duty to maintain confidentiality, but if withholding information would result in harm to the client or others, the lawyer may have a duty to disclose the information.

3. What should a lawyer do if they witness a fatal car accident involving their own client?

If a lawyer witnesses a fatal car accident involving their own client, they may face a conflict of interest. In this situation, the lawyer should consult with their state's bar association and follow their guidelines for handling conflicts of interest. They may also need to withdraw from representing the client in the case.

4. Can a lawyer be held legally responsible if they fail to report a fatal car accident they witnessed?

In some cases, a lawyer may be held legally responsible if they fail to report a fatal car accident they witnessed. For example, if the lawyer is required by law to report the accident and they fail to do so, they may face legal consequences. It is important for lawyers to be familiar with their state's reporting requirements.

5. How can a lawyer navigate the ethical dilemmas of witnessing a fatal car accident?

A lawyer can navigate the ethical dilemmas of witnessing a fatal car accident by being familiar with their state's ethical rules and guidelines, seeking guidance from their state's bar association, and consulting with other lawyers who have experience in similar situations. It is also important for lawyers to prioritize their ethical obligations and make decisions that align with their professional values.

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