The aftermath of a car accident can often be a very contentious time as both parties are trying to portray themselves in the best light. In many car accidents, the drivers and their passengers are often the only witnesses to the accident. It can often become a “he said, she said” situation as natural biases come into play. Third-party witnesses have no stake in the accident and thus can give an accurate and unbiased account as to what really happened.
If there are conflicts in the driver’s statements, the insurance company will often decide which is more accurate based on the third-party witness’s account. Also, car accidents are often traumatic, and a victim may be unable to recall the details of the accident, but a witness statement can help fill in the gaps. The perspective from a “third-party” witness could be invaluable to your case.
The best time to obtain any witness statements is immediately after the collision. During this time, you should look for anyone who may have witnessed what happened. Witnesses can include pedestrians, construction workers, drivers of other vehicles, or passengers in other vehicles. Often, a police officer will report to the scene of the accident to evaluate the collision and take statements from any witnesses. The vehicle collision report, created by the officer, will include any witness statements and the officer’s determination of fault. However, witnesses may not want to stay at the scene until the police officer arrives, so you should try to obtain their contact information to be included in the report. Police officers can also be considered witnesses, but can only testify to what they witnessed at the scene and statements made to them.
There are some problems with witness statements as two people can view the same event differently. For example, one witness could determine that a car was speeding, whereas another witness could presume the same vehicle was driving within the speed limit. It does not mean that person is lying, but instead, they have different opinions and draw different conclusions to the same event. However, not all witnesses may be credible, and an unreliable witness could even hurt your case. Many factors can affect a witness’s credibility, such as:
- What proximity and viewpoint did the witness have to the accident?
- Did the witness observe the crash from start to finish?
- Was the witness distracted at the time of the accident?
- Was the witness intoxicated at the time of the accident?
- Does the witness have a criminal record?
Witnesses to a car accident can significantly impact your case if they are credible and neutral. Their unbiased perspective can help paint a picture of what actually occurred and help determine who was at fault. In some cases, witness statements can be even more useful than photos of the scene as they can offer context, and they were in close proximity to the accident.
If you were injured in a car accident, contact an Eason & Tambornini car accident attorney today.
