Tough decision. To be or not to be?

Busted Knuckle · November 23, 2010, 05:48:58 PM

Had a phone call from a lawyer yesterday, and a visit from him and a colleague today.

They want me to be an expert witness for them in a case that I do have extensive experience for.

As a professional driver, a bus driver, a company owner, and one who has grown up in the towing industry (cleaning up other peoples mistakes). They'd like me to join they're defense team.

I really feel strongly that they're case is one I believe in 100%.

But at the same time I would be throwing a fellow bus driver under the bus for negligence. (I don't know the other driver or anything about him. Except that in my opinion he made a very bad choice that almost cost a man his life. And the man will have very serious medical problems and bills for the rest of his life!)

The company that the driver drove for is long out of business and I had little knowledge of them and absolutely no connection to them at anytime! (The accident happened in 2006 and the company immediately closed and liquidated. So the insurance company is the only "financially liable" party still involved. As I'm sure not only did the company owners dissolve any asset's they had. But I'm sure if the driver had any he has done so too!)

It's a tough decision, but I feel strongly that the drive executed poor judgment that cost a young man his life as he knew it and his family (wife and young son) a continuing financial difficulty for the rest of his life!

Any ideas pro/con?

BK

Dreamscape · November 23, 2010, 05:53:37 PM

With the impending litigation, I'm not sure it's a good idea for us to voice our opinion.

It's up to you and good luck!

Paul

QuagmireMan · November 23, 2010, 05:54:24 PM

I would never allow for negligence to be an excuse... I would also be careful about how much you discuss it here.

lostagain · November 23, 2010, 05:59:35 PM

You have to do what you think is right.

So what if the accused is a fellow bus driver. There are millions in this world, and not all of them are as good as they should be.

Reading your post, it doesn't appear to be any personal conflict of interest between you and him.

If you are convinced that the injury was caused by his negligence, then wouldn't it be your duty to testify on how a bus should really be driven safely so incidents like that don't happen again?

JC

Busted Knuckle · November 23, 2010, 06:28:45 PM

Paul, QM, & JC,
Thank all of you! I really was struggling with this but what is right is right and that was exactly the support/direction I was looking for!

I was very careful not to put too much info out here and will not be discussing anymore of it at anytime until it's all over and only then if there is no "gag order"

I just really needed a little assurance that it is the right thing to do, simply because "it's the right thing to do!"

BK

Lin · November 23, 2010, 07:00:30 PM

I'm confused. You say that you would join the defense team. Who are they defending. the insurance company being sued by the injured man, or are they trying to blame the injured man?

KozyCade · November 23, 2010, 07:04:53 PM

Byrce,

Couldn't have said it any better than what's already said. I will leave you with this thought as a driver, mechanic, shop owner, fleet operator, and business owner much the same as you. Not knowing the driver or incident, in the past decade or so we had one driver come through are doors for 50 "steering wheel holders. If he was one of your drivers would he still have your support. Negligence is Negligence no matter how you spell it rather it is a comrade, employee, friend, or stranger. Don't worry about what the majority may say and throwing a fellow driver under the bus, maybe that's where he belongs. Evaluate the facts and be proud of doing the right thing no matter how hard it is. I all to often have caused havoc in friendships for being very vocal about ones negative actions. "Others will follow where we lead"

Kozy Cade

Mex-Busnut · November 23, 2010, 07:10:23 PM

Go for it! Plus you may be alleviating the financial future for that needy man and his wife and son. The medical and other costs could really warp their future. You are the man!

Or are you defending the driver?

RJ · November 23, 2010, 09:45:36 PM

Bryce -

First - Have you ever been grilled on the witness stand by an aggressive attorney? If you haven't, then seriously rethink your involvement up front.

Second - Do you read Larry Plachno's National Bus Trader? If so, I'm sure you're familiar with Ned Einstein's column. Ned has a ton of experience in the courtroom as an expert witness - do you?

As an industry vet, I highly recommend that you steer this lawyer to Ned, and keep your distance, regardless of your feelings on the case.

FWIW & HTH. . .

happycamperbrat · November 23, 2010, 09:48:14 PM

Do you have insurance? You "could" get sued later ...... even if it has no merit.

Dave5Cs · November 23, 2010, 10:07:20 PM

BK; I've have been an expert witness in many construction cases. IMHO you just blew your first case by putting it out to the Public. That is a big No,No. By what you have said you have already made up your mind.

Good Luck Dave

P.S.-They have teams that watch anywhere they can get info.

Lin · November 23, 2010, 10:11:19 PM

This comment is not to be taken as an opinion on what to do. I just was wondering if you knew that the quote, "To be or not to be," is about the contemplation of suicide. Hamlet is basically asking himself the question, "should I continue to exist (to be) or kill myself (not to be)."

wal1809 · November 24, 2010, 05:25:24 AM

Quote from: Dave5Cs on November 23, 2010, 10:07:20 PM
BK; I've have been an expert witness in many construction cases. IMHO you just blew your first case by putting it out to the Public. That is a big No,No. By what you have said you have already made up your mind.

Good Luck Dave

P.S.-They have teams that watch anywhere they can get info.

Dave beat me to it. The cat is already out of the bag. I am going to be blunt so I will say I am sorry now as there is no easy way to say this. Putting this out to the public about being your torn between what is right and what is wrong and how you want to not throw another driver under the bus, all goes against expert testimony. Expert testimony lies with the facts of the matter and only the facts. No feelings no guessing. It is "I know this for a fact because of this" If the attorneys get ahold of this thread they are going to beat you senseless on the stand. I have been there many many times. It isn't fun at all. You simply learn to hunker down and weather the storm! If they get this information you put out there I can guarantee you the money they are paying for expert testimony aint worth it at all. You will be on the stand all day as they make you look like a briar eating jackass. Again, sorry for its blunt nature but it is what it is.

Runcutter · November 24, 2010, 07:01:36 AM

Bryce, I have done Expert Witness work, and just sent you a PM - feel free to call me. I should be in the office most of the morning (Dallas, central time zone).

Arthur

Len Silva · November 24, 2010, 08:04:20 AM

I won't comment on this particular case except to say that one of the reasons that medical malpractice is such an issue is that doctors will support one of their own no matter how grievous the offense.

As others have said, you may have already blown it in this case, but I see no reason to support another driver, busnut, company owner, or anyone else who is negligent or incompetent. Wrong is wrong and it shouldn't matter who it is.