Originally Posted by
chinarider
Testimony by people, whether impartial or not, most certainly is evidence that can be presented in court. In many cases, that's all the evidence there is. If there is conflicting testimony it is up to the jury or Judge to determine which side is most believable.
Yes. But what is the likelihood that it will be enough to win in this case? How much would the settlement be? How much would it cost bring the suit?
Originally Posted by
chinarider
But as the Plaintiff, he could certainly testify as to what happened. The OP could be a witness albeit not entirely impartial. If there are no other eye witnesses, the only other witness would be the driver who is also not disinterested. In that case it would be 2 against 1, which in such a dispute usually helps. Who knows, the driver might admit she miscalculated the speed of the bikes (common IME) or simply didn't see them (also common).
Of course, he could and would testify! Anyway, I don't think it's "two against one" (it's
much weaker than that).
What evidence or independent observation exists to select which disinterested party's story is the correct one?