Setareh Law
December 28, 2024
In many car accident claims, the only witnesses to the accident are the drivers involved. In those circumstances, it is one driver’s word against the other, which does little to help determine fault. Each driver will blame the other driver to avoid liability. A third-party witness can be extremely helpful in determining fault because they tend to be unbiased in their report of events.
An insurance adjuster or judge needs to have a clear picture of the accident, but drivers often have competing versions of the accident. The testimony of an eyewitness usually supports one version of events more than the other. Having the support of an eyewitness can help a claim or personal injury lawsuit considerably. A skilled lawyer will be able to help you identify any witnesses to the accident and obtain statements from them.
The Importance of Witnesses in a Car Accident Case
Witnesses play a crucial role in a car accident case, as their testimony can provide an unbiased account of the events leading up to and following the accident. Often, the only people who witnessed the incident are the drivers involved, each providing conflicting accounts.
An unbiased third-party witness can help resolve these disputes by offering an objective perspective. Having a credible witness can significantly strengthen a claim, as their testimony can corroborate the facts presented by the injured party. Insurance companies and courts place a high value on credible witness statements when assessing fault and determining the amount of compensation to be awarded.
Types of Witnesses
There are several types of witnesses that can be involved in a car accident case. Understanding the different types of witnesses and their roles can help build a stronger case.
Witness to the Accident
A witness to the accident is someone who saw the wreck occur. This type of witness can provide details about the accident because they saw it firsthand. Potential witnesses can include passengers in either vehicle, bystanders, and pedestrians. The ideal witness is someone who is completely neutral and has no stake in the outcome of your case.
Expert Witnesses
Expert witnesses are individuals who have specialized knowledge in a specific field. They can be obtained through your attorney and provide an in-depth analysis of the circumstances surrounding your accident and how you were affected. Expert witnesses in car accident cases may include medical professionals, accident reconstruction experts, and engineers.
How Is Car Accident Eyewitness Credibility Established?
Car accident witness statements can be crucial evidence used to determine fault after a collision. Car accident witnesses can provide valuable insights into the events leading up to and following the accident. Just because someone saw the accident, however, does not mean they are a credible witness. You should discuss eyewitness testimony with your California car accident lawyer. An attorney can help determine whether or not the witness’s testimony is helpful to your claim. Before your lawyer deems someone a viable witness, your lawyers should vet the eyewitness. Your attorney will consider the following when vetting an eyewitness:
- The witness’s criminal history
- The witness’s relationship to the drivers
- The witness’s reputation and moral character
- The witness’s mental state at the time of the accident
- Whether the witness was under the influence of drugs or alcohol
- What the witness was doing during the time of the accident
- Whether the witness was distracted at the time of the accident
- Whether the witness saw the accident from start to finish
- The witness’s location at the time of the accident
- The witness’s vantage point of the accident
- The witness’s physical condition (e., poor eyesight or hearing)
- The consistency of the witness statement
While a credible witness can strengthen a claim, a witness that lacks credibility can significantly damage a claim. If you hire an experienced car accident lawyer, you will have someone on your side who knows how to determine if a witness is credible and find the right witness to support your claim.
What Can Discredit a Car Accident Eyewitness?
It is important to remember that not all witnesses are credible or equally effective in car accident cases. Having your lawyer vet your eyewitness is in your best interest. An eyewitness can easily be discredited if not thoroughly vetted, and a discredited witness can negatively impact your claim. Some factors that discredit eyewitnesses are listed below:
- Witness did not see the accident from start to finish
- The witness was distracted
- There is inconsistency in their statement
- Witness has a financial interest in the case
- Witness cannot articulate the sequence of events because of age, IQ, physical condition, or mental health
Even if your eyewitness is credible, it is important to remember this does not guarantee a successful outcome. While the witness may be speaking the truth, they are still recalling their own version of events. Sometimes, people do not remember events as well as they think. People tend to observe events differently. An eyewitness could be remembering the accident one way, but there may be evidence to prove their memory of events is not entirely accurate.
Collecting Witness Statements
Collecting witness statements is a crucial step in building a strong car accident case. The process of collecting witness statements should ideally begin at the scene of the accident. Identify any individual who may have been a witness to the accident.
Ask potential witnesses to provide as many details as possible about what they observed before, during, and in the immediate aftermath of the accident. Obtain their contact information, including name, phone number, and home address. Ask if they would be willing to provide a witness statement or video/audio recording.
Best Practices
When collecting witness statements, it’s essential to follow best practices to ensure that the statements are accurate and reliable. Here are some tips:
- Ask open-ended questions to encourage the witness to provide as much detail as possible.
- Avoid leading questions or suggesting answers to the witness.
- Take notes and record the witness’s statement, if possible.
- Ask the witness to sign and date their statement.
- Provide the witness with a copy of their statement.
- Follow up with the witness to ensure that their contact information is up-to-date and that they are available to testify if needed.
By following these best practices, you can ensure that the witness statements you collect are accurate, reliable, and admissible in court.
Contact the California Car Accident Lawyers at Setareh Law Today
Car crash claims can be inherently challenging, especially if injuries or property damages are involved. An experienced lawyer can help you investigate all elements of your claim to build a solid case, and they can negotiate with the insurance company to pursue fair compensation.
At Setareh Law, we understand the stress of gathering evidence for an insurance claim, and we take pride in our unparalleled client service. The legal team at Setareh Law helps clients navigate the legal process during the difficult time following a car accident. Our skilled attorneys have the resources and experience needed to help you achieve the best possible results for your claim. To schedule a free case evaluation, you can call (310) 659-1826 or fill out our contact form.
