Report comment

Time and time again I see, particularly in personal injury or RTA cases, there is no sensible narrative about where the duty of care lies and what caused the accident. It is the simple building blocks of a witness statement and it’s not good enough,’ said Etherington.

‘They are more interested in what the weather was or how long the ambulance took to arrive. "

Hang on a minute. Surely, surely, surely a lay witness cannot give an opinion on what caused the accident? That's a matter for submission and expertise.

And a witness describing the weather might be extremely useful for liability. E.g. someone was doing the speed limit - in a pea-souper. The weather there is a crucial factor.