Quote Quoting Hemispheres
View Post
Things just keep getting better. Spoke with the responding officer and the driver feels like he isn't at fault so now I get to testify in court next month.
I assume this is the criminal or traffic case against the driver that is going to trial next month since there is no way your civil case could be tried that soon. While you may not enjoy testifying in that trial, it can help you. If the driver is convicted in that case, that can be used against him in the civil trial, making your civil case easier. If he's not convicted, you can still win the civil case anyway because an acquittal on the criminal/traffic charge does not mean he wasn't negligent in the accident. It just means he wasn't guilty of any traffic/criminal offense. So if your testimony helps get the guy convicted, it helps you with your civil case. Just be aware of one thing: if you testify differently at your civil case than you do at the criminal case, the driver's attorney will use that inconsistency against you in your civil case. As long as you don't change your story, though, you should be fine. Your attorney can fill you in about that.