Road Traffic Accident

horsebox7

Hi,

I was asked to appear as a witness at a district court in a few weeks time and was wondering if anyone could share their experiences of doing same? I witnessed a road traffic accident and made a statement at the time of the accident. Also do I actually need to appear as a witness if I already made a statement?

Thanks

ScouseMouse

With full respect to the forum.


This happened to me a few years ago. I saw a girl cycle straight across a road, against a red pedestrian light, straight into the path of a car.

I sat in a room with others for the afternoon, then again the next day, until someone came in and said the case was sorted and I could go home.

I appreciate this is the legal forum, and I may get roasted for this, but after sitting there for nearly two days, to be sent home like that, it made me consider what I would do if I saw something again.

Similar happened to me at an inquest. Spent five hours waiting to be asked "is this correct?"

"yes".

You can go now.......

NUTLEY BOY

horsebox7 wrote: »

Hi,

I was asked to appear as a witness at a district court in a few weeks time and was wondering if anyone could share their experiences of doing same? I witnessed a road traffic accident and made a statement at the time of the accident. Also do I actually need to appear as a witness if I already made a statement?

Thanks

Yes.

Your statement is not your evidence. Your evidence is what you say in the witness box. You need to be there, in person, to "speak your truth".

Bepolite

Why would you get roasted? It's not an efficient system and, frankly, there is no reason why it can't be changed. It's a case management issue and it needs to be addressed. It's not going to be perfect, especially in the lower courts, but it shouldn't drive the public to the point of not wanting to give evidence.

If it's any consolation it's not just here, I had a similar experience in Scotland.

NUTLEY BOY

superscouse wrote: »

With full respect to the forum.


This happened to me a few years ago. I saw a girl cycle straight across a road, against a red pedestrian light, straight into the path of a car.

I sat in a room with others for the afternoon, then again the next day, until someone came in and said the case was sorted and I could go home.

I appreciate this is the legal forum, and I may get roasted for this, but after sitting there for nearly two days, to be sent home like that, it made me consider what I would do if I saw something again.

Similar happened to me at an inquest. Spent five hours waiting to be asked "is this correct?"

"yes".

You can go now.......

Equally respectfully, the system is not there to suit your convenience. I don't say that unkindly ! It is the same for all involved in any litigation. It can be frustrating and it can involve a lot of down time but it is important.

I was involved in a RTA a few years ago with an utter xilob who came through a red light and insisted that he was in the right. He was just a bombastic bluffer. The witness behind him stopped and confirmed that this guy had driven straight through a red light.

I got the witnesses details and gave it to the Gardaí. I got paid in full by the other guy's insurers after they had spoken to that independent witness. Without that witness I would have had a lot of trouble.

The moral is that if you witness something you really should step up as you can save people a lot of trouble especially innocent people whose destiny may end up in your hands.

Little CuChulainn

While it may not feel like you have accomplished something by being there, your presence alone may have convinced one side to come to a decision. If you weren't there they may have decided to take their chances.

Losty Dublin

I witnessed a crash some years ago and having swapped details with all concerned, I was contacted and duly made a statement to the prosecuting Garda and was asked to attend the case at Kilmainham.

On the day I met the Garda and the legal team on the day who asked me if I was willing to stand by my story on the stand. They asked me to wait around for a while before the Garda came out and told me that I was free to go. When I asked why she said that the accused's legal team informed them that as I was willing to stand in court they were willing plead guilty on a DUI charge and the lesser driving charge that I was a witness for would be struck out.

While it may seem like it was a wasted day, my presence still ensured a successful prosecution in the end while it saved the court a bit of time and I learnt a little about the legal system.

coylemj

superscouse wrote: »

This happened to me a few years ago. I saw a girl cycle straight across a road, against a red pedestrian light, straight into the path of a car.

I sat in a room with others for the afternoon, then again the next day, until someone came in and said the case was sorted and I could go home.

Your court case was the civil part of the process, a District Court case such as the OP is attending is a Garda prosecution and will almost never go into a second day unless there is a busload of witnesses which is very unlikely.

In a civil case you are called by one of the parties - the one who wants to use your version of events to squeeze money out of the other party. There is no civic duty or obligation involved, you were not asked to go by the Gardai.

superscouse wrote: »

....after sitting there for nearly two days, to be sent home like that, it made me consider what I would do if I saw something again.

What you should have done is asked for expenses upfront from the party who called you and if the case was going to a second day, you get another cheque at the end of day 1 before agreeing to show up for day 2. You can be damn sure that any professional witness involved got paid for their time and were not left sitting for hours on end. They effectively abused your ignorance of the process, I would have walked out after a couple of hours. Did they even buy you lunch?

Zambia

I was a witness once in a civil case in Ireland, I was paid for the full day. I was not required as I was there my evidence was conceded.

goz83

coylemj wrote: »

What you should have done is asked for expenses upfront from the party who called you and if the case was going to a second day, you get another cheque at the end of day 1 before agreeing to show up for day 2. You can be damn sure that any professional witness involved got paid for their time and were not left sitting for hours on end. They effectively abused your ignorance of the process, I would have walked out after a couple of hours. Did they even buy you lunch?

I was a secondary lesser witness to an assault a good few years back (I didn't witness it, but was party to the events before and after). I was summonsed to a court in Mayo with 2 friends who were primary witnesses to the event. I refused to go, on the basis of expenses not being paid. I called the station and said I couldn't afford the expense.

My 2 friends forked out for travel from Dublin by train, B&B and food expenses for the day and spent the day sitting around the court house scratching their holes. The case was pushed back and the Sergeant called me to ask why I hadn't shown up. I explained that I had contacted the station to say I couldn't afford to go. He said he would sort out expenses for the next court date. True to his word, train tickets were paid and a hotel room each were provided for the three of us, right across from the court house with dinner and breakfast included. Our statements were read out in court. The assault victim was compensated by the attacker over a period of time. That was it.

Don't ask, don't receive.