Opinion Testimony

A witness may testify as to his or her opinion on the speed that something was traveling.{footnote}Delany v. Badame, 49 Ill. 2d 168, 274 N.E.2d 353 (1971)(witness may testify whether car traveling "fast", "slow", or at a ceratain speed, but may not testify that car was going "too fast").{/footnote}  See also OPINIONS.  Even a brief glimpse of an automobile is sufficient to permit an eyewitness to give an opinion as to the speed at which it was traveling.  How good of a look the witness had goes to the weight to be given the opinion, not its admissibility.{footnote}Patton v. Henrickson, 380 P.2d 916 (Nev. 1963); Smith v. Hall, 38′ P.2d 868 (Okla. 1963).{/footnote}

Some courts have held it to be error to permit a police officer who did not witiness the accident first-hand to estimate the speed of an automobile involved.{footnote}Watkins v. Schmitt, 665 N.E.2d 1379, 1386 (Ill. 1996) (holding that speed is not matter beyond the ken of the average juror).{/footnote}

Other Means of Proof{footnote}Check 83 ALR2d 1329 (relevance of train speed prior to accident).{/footnote}

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