Question

A victim was struck by a car in a hit-and-run accident. A police officer arrived half an hour after the accident. The victim was in shock and came in and out of consciousness. As the officer applied first aid, the victim muttered, "I know I'm going to die. Oh my, he ran the light!" The victim fell back into unconsciousness, but revived again and muttered, "Why didn't he stop?" The officer heard the comments clearly and made a note of them. Good police work by the officer and others led to the discovery of the driver of the car that struck the victim. The victim survived and filed a tort action against the driver. Before the case came to trial, the victim died of a heart attack. The causes of the heart attack were totally unrelated to the accident. The laws of the jurisdiction allow for survival of personal injury actions. Thus, the victim's estate is substituted for the victim as plaintiff.If the plaintiff's attorney seeks to have the officer testify to the victim's statements at the time of the accident, how will the court rule?A Inadmissible, because the victim did not die as a result of the accident.B Inadmissible, because this is a civil case and not a criminal matter.C Admissible, because the victim's statements were present sense impressions.D Admissible, because the statements were made at a time when the victim feared impending death.

Answer 1

Answer: the correct answer is D. Admissible, because the statements were made at a time when the victim feared impending death.

Explanation:

The statements were made immediatly after the accident when the victim thought that was going to die so the statements are relevant to the case.