Hearsay Evidence in Auto Accidents

The rules of evidence determine which things the court can accept as evidence in auto accident cases. You have probably heard that hearsay evidence is inadmissible; that might or might not be true, depending on the circumstances. 

Hearsay Meaning

Hearsay is a statement that someone makes outside the courtroom, and another person tries to get the court to admit it. Hearsay statements can be verbal or written. For example, the court will consider a memo that your supervisor wrote or something your boss said as hearsay if you try to introduce such things as evidence.

Hearsay Examples

Hearsay comes in various ways and arises out of different situations. Hearsay can come from dealings with the defendant's family members, police who come to the accident scene, the doctors, and even the insurance adjuster. Some possible examples of hearsay include the following:

• A car rear-ends you, and a pedestrian claims that the other driver was using the phone while driving. One of your passengers overhears the pedestrian's claim, and you call the passenger to testify about the phone usage.
• You are involved in a head-on collision, and the first responders claim to smell alcohol on the other driver's breath. A pedestrian overhears the first responders' claim, and you call the pedestrian to testify on your behalf.
• A secretary finds a doctor's notes where the doctor talks about your injuries. The secretary hands the doctor's notes to you, and you present them as evidence of your injuries in court.

As a rule, the court won't admit the above statements as evidence as long as their creators cannot testify. 

Reasons for Hearsay Inadmissibility

The government has several reasons for hearsay inadmissibility. A couple of the reasons include the following.

Miscommunication

Communication, especially oral communication, does not always retain accuracy when it passes through several people. For example, when a friend tells you a story they overheard at work, you are unlikely to get the same details that those who heard the story the first time heard. The risk of miscommunication with hearsay makes such evidence inadmissible in court.

Cross-Examination Difficulties

The court (judge, defendant, plaintiff, and lawyers) should have the opportunity to question and cross-examine all witnesses. The members of the court should also examine all evidence before it. Witness cross-examination and evidence examination are not possible if they originate from parties not available in court.

Issues With Credibility

Lastly, the court must also judge a witness's credibility during testimony. The appearance, manner of speech, and demeanor help the court judge someone's credibility. That way, the court can judge whether the witness is telling the truth. Again, the judgment is not possible if the witness is unavailable.

Exceptions to Hearsay Inadmissibility

The court may admit hearsay evidence in a few cases. Some examples of such exceptions include the following.

Excited Utterance

An excited utterance is a statement someone makes spontaneously, typically in response to a startling event. Say a motorist drives on the wrong side of the road and hits an oncoming car. A pedestrian witnesses the accident and shouts about the wrong-way driving. The court may admit the pedestrian's statement as evidence since it constitutes wrong-way driving.

Statement Against Interest

The court may also admit hearsay that goes against the declarant's interests. Consider someone who exits a bar, gets behind the wheel, and crashes into a pedestrian. The bartender runs out and regrets serving the driver alcohol while already intoxicated.

The court may admit the bartender's regret as evidence. No bartender can make such a statement unless it is true since it harms their interest.

Contact Walsh & Associates, PC, to review your case and determine which evidence you can use to get the compensation you deserve. We have over 30 years of experience with injury cases.