{"id":26346,"date":"2019-10-10T12:11:20","date_gmt":"2019-10-10T17:11:20","guid":{"rendered":"https:\/\/abconlinehold.wpengine.com\/?post_type=faq&#038;p=26205"},"modified":"2023-01-30T10:48:56","modified_gmt":"2023-01-30T15:48:56","slug":"witness-testify-houston-car-accident-case","status":"publish","type":"faq-article","link":"https:\/\/mcdonaldworley.com\/es\/faq\/witness-testify-houston-car-accident-case\/","title":{"rendered":"Can You Force a Witness to Testify in Your Houston Car Accident Case?"},"content":{"rendered":"<p>When you get into a Houston car wreck, there are a few things you need to do. If you follow these steps, you\u2019ll have the best shot at being compensated for your injuries. If you miss any of these steps, however, you jeopardize your chances of winning your lawsuit.<\/p>\n<p>First, you always need to call the police after your car accident. By law, you have to\u00a0report your accident\u00a0anyway. You may as well kill two birds with one stone and call the cops to the scene.<\/p>\n<p>The second thing you need to do is go to the hospital. If you don\u2019t go, there\u2019s no way to prove you were injured. And, if you wait too long to go, the defendant will claim that something other than your accident caused your injuries.<\/p>\n<p>Finally, you need to call a <a href=\"\/houston\/car-accident-lawyer\/\">Houston car wreck attorney<\/a>. This way, you know your case is handled properly from the start.<\/p>\n<h2>The Police Will Provide Your Houston Car Wreck Lawyer with Witness Information<\/h2>\n<p>Sometimes, the most valuable information comes from people who witnessed your car accident. When the police investigate the scene, they\u2019ll get contact information for the eye witnesses. They&#8217;ll also get statements from the witnesses.<\/p>\n<p>If you don\u2019t call the police, you won\u2019t have this information. Once you leave the scene, you\u2019ll never see the witnesses again. People aren\u2019t going to want to give a perfect stranger their contact information. They\u2019ll be more willing to talk to the police.<\/p>\n<p>The police will put the witnesses\u2019 contact information in their police report. Your attorney can then reach out to these people. They can ask them to testify on your behalf. If the witness isn\u2019t willing to do this, they may be willing to\u00a0fill out an affidavit.<\/p>\n<h2>What\u2019s the Difference Between an Affidavit and Testifying?<\/h2>\n<p>If your case goes to trial, your attorney will have to present evidence. This evidence is used to prove the defendant was responsible for your injuries. Some of the ways your lawyer does this is through\u00a0the following:<\/p>\n<ul>\n<li>Expert witnesses<\/li>\n<li>Pictures and videos<\/li>\n<li>Documents such as the police report<\/li>\n<li>Testimony from witnesses and yourself<\/li>\n<li>Affidavits<\/li>\n<\/ul>\n<p>When someone is physically present in court and take the stand, it\u2019s called testifying. If that person isn\u2019t willing or able to come to court, they can submit a written statement instead. This statement is called an affidavit.<\/p>\n<p>The other option is a deposition. When you\u2019re in open court, the defendant\u2019s lawyer can cross-examine your witnesses. They can\u2019t do this when they submit an affidavit. So your attorney can hold a deposition instead.<\/p>\n<p>A deposition is when your witness is in a room with attorneys from both sides. Both sides can ask questions. The deposition is records and then a court reporter transcribes the conversation. This transcript is then submitted in court as evidence.<\/p>\n<h2>What if the Witness Refuses to Participate?<\/h2>\n<p>Some witnesses want nothing to do with your lawsuit. The fact that they happened to see your accident shouldn\u2019t require them to get involved. The problem is, you may need them to help prove your case.<\/p>\n<p>If a witness refuses to testify or <a href=\"https:\/\/www.nolo.com\/dictionary\/affidavit-term.html\" target=\"_blank\" rel=\"noopener noreferrer nofollow\">complete an affidavit<\/a>, your attorney may have to force them to do it. Your lawyer can do this using a subpoena. A subpoena is a court order. It\u2019s basically a form where the judge tells the witness they must appear in court to testify.<\/p>\n<p>If someone refuses to comply with the subpoena, they\u2019re essentially\u00a0disobeying a court order. It\u2019s as if they\u2019re telling the judge they don\u2019t care what they say. They\u2019re not going to come to court and tell their story.<\/p>\n<p>If someone refuses to comply with a valid subpoena, they\u2019ll be held in contempt of court. The first time they do this, the judge will give them a second chance. If they continue to refuse to cooperate, they can be fined and even arrested.<\/p>\n<p>A subpoena is a last resort. You can imagine how happy someone will be when they\u2019re forced to go to court. There\u2019s nothing stopping them from either pretending they don\u2019t know what happened or testifying for the defendant.<\/p>\n<p>As much as you would hope someone would tell the truth in court, if you push them to a certain point, there\u2019s no telling what they\u2019ll do. And even if your lawyer thinks the witness is lying, there\u2019s usually no way to prove it.<\/p>\n<h2>Contact a Houston Car Wreck Lawyer Today<\/h2>\n<p>If you\u2019re involved in a car accident, you need to contact a Houston car wreck lawyer right away. You need to focus on recovering from your injuries. Let an experienced lawyer handle the legal side of things.<\/p>\n<p>Call <a href=\"\/\">McDonald Worley<\/a> today and schedule your free initial consultation. The defendant will have a lawyer on their side and you should too.<\/p>\n","protected":false},"featured_media":25613,"template":"","meta":{"_acf_changed":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}}},"practice-area":[578],"class_list":["post-26346","faq-article","type-faq-article","status-publish","has-post-thumbnail","hentry","practice-area-car-accident"],"acf":[],"_links":{"self":[{"href":"https:\/\/mcdonaldworley.com\/es\/wp-json\/wp\/v2\/faq-article\/26346","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mcdonaldworley.com\/es\/wp-json\/wp\/v2\/faq-article"}],"about":[{"href":"https:\/\/mcdonaldworley.com\/es\/wp-json\/wp\/v2\/types\/faq-article"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/mcdonaldworley.com\/es\/wp-json\/wp\/v2\/media\/25613"}],"wp:attachment":[{"href":"https:\/\/mcdonaldworley.com\/es\/wp-json\/wp\/v2\/media?parent=26346"}],"wp:term":[{"taxonomy":"practice-area","embeddable":true,"href":"https:\/\/mcdonaldworley.com\/es\/wp-json\/wp\/v2\/practice-area?post=26346"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}