Beyond the Bar
| Citation | Vol. 35 No. 1 Pg. 21 |
| Publication year | 2023 |
| Pages | 21 |
Wreck This! Evidence in Auto-Accident Cases (Reprise edition)
By Warren Moise
It used to be said when I first started trying cases in 1988 that only one out of 10 cases was ever tried. Now that we have mandatory mediation, the number of trials has probably continued to drop. Moreover, with motions frequently being decided on memoranda (but not in a courtroom), being a lawyer is becoming a lonely profession. Or is that just my imagination too?
Anyhoo, one of the more useful columns I've written for South Carolina Lawyer Magazine in the past 20 years is the one set forth below on auto-accident cases. Thanks to Henry Ford, personal injury cases will never cease to be litigated. Thus, this column.
Introduction
Question: Why do they call her a "chicken lawyer?" Answer: Because all she handles are neck-and-back cases.
Snicker if you will, but there's money in them necks and backs. A whole lot of money. Personal injury attorneys know that when large masses of metal with people inside collide at high speeds on the highway, serious injuries can result. Moreover, there is little doubt that within this, uh, flock of auto-accident lawyers are found many of South Carolina's most experienced and effective litigators.
A substantial number, if not a majority (here's my unscientific opinion again), of jury trials in common-pleas courts involve auto accident negligence cases. Although the evidence rules are generally the same as in other litigation, certain scenarios repeatedly surface in auto cases. For those members of the bar who don't try such cases, this column is for you.
Basic Liability Issues
Before a lay witness may testify about how an accident happened, he must have personal knowledge of it. Fed. & S.C. Rs. Evid. 602. In auto accident trials, this means that a foundation must be laid showing that the witness saw the accident. However, unlike other witnesses, parties in the trial may admit matters about which they have absolutely no personal knowledge under rule 801. This guarantees that almost every wild guess, off-color joke, or other stupid thing your client volunteers about the case might come into evidence. For example, a lay witness probably cannot testify that he fell asleep, ran a red light and woke up after the collision; because he was asleep, he would have no personal knowledge of the traffic light's color. A party, however, might be allowed to render the damaging admission.
The vehicles' speeds often are a critical issue in auto...
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