A car accident case can be much more complex than you might first realize, which is why so many people are wise in hiring a professional car accident lawyer to handle it. The process often involves weaving together various pieces of evidence to create a compelling narrative that supports your claim while also refuting the arguments you anticipate the other driver or party will use. Reducing the complexity of this process can hinge on the strength and clarity of the evidence at your disposal.
Among the many types of evidence that can be used to create a car accident claim, witness statements are easily some of the most useful. Firsthand accounts from others who saw the crash unfold can be surprisingly effective at improving a case, providing valuable context to the damages and injuries that occurred, and shedding light on the facts that otherwise might have been difficult to argue.
What is a Witness Statement?
A witness statement is a detailed account given by a third-party individual who saw the car accident that provides a narrative of the events as they unfolded from their perspective, often offering crucial information that can help establish the facts of the case.
In a car accident claim, witness statements will usually come from:
- Other drivers who were present at the scene
- Passengers in the vehicles involved
- Pedestrians who witnessed the accident
- First responders such as police officers or paramedics
Why are Witness Statements So Helpful in Car Accident Cases?
Witness statements are crucial in building a car accident claim because they provide a neutral account of the incident. Unlike the parties directly involved in the accident, witnesses have no vested interest in the outcome of the claim, making their accounts more likely to be unbiased and objective. Witnesses who aren’t directly involved in the crash usually see a clearer picture of what happened because they were not injured or put in immediate danger, allowing them to focus on more details.
When a witness statement corroborates with one of the involved party's accounts:
- It can strengthen that party's claim by providing independent verification of their version of events.
- The corroborating evidence can help establish credibility, making it more likely for their account to be accepted as accurate.
- It may significantly influence the determination of liability, potentially leading to a more favorable outcome for that party.
On the other hand, when a witness statement contrasts with one of the involved party's accounts:
- It can call into question the accuracy or honesty of that party's version of events.
- This contrasting evidence might lead to further investigation or scrutiny of that party's account.
- It could potentially shift the determination of liability away from the party whose account is contradicted by the witness statement.
Fairly determining liability in a car accident claim requires impartiality. The aim is to arrive at an accurate understanding of the events that led to the accident, so liability is based on facts, not opinions. A statement from an impartial witness can be incredibly useful because it provides an external perspective that is detached from the interests of the parties involved in the claim.
Witness Statements Can Legitimize Injuries
If you were injured in a car accident, you might be shocked to later find that the opposing insurance company may try to argue that you weren’t. A common insurance provider tactic to avoid liability and reduce payouts is to claim that the plaintiff’s injuries were pre-existing, which would not be covered by the insurer if true. For example, an auto insurance company might argue that a car accident survivor’s back pain wasn’t from the crash but instead existed beforehand, perhaps related to the survivor’s occupation or hobbies.
The usefulness of witness statements can’t be understated when it comes to legitimizing injuries that are suffered in a car accident. If you’re injured in an accident, make sure others at the scene know it, especially any emergency medical technicians (EMTs) or firefighters who arrive to help. By announcing your injuries and allowing others to document them, you will make it much more difficult for an insurance company or the liable driver to refute them later.
To facilitate witness statements about your car accident injuries, you should:
- Inform others that you have been injured.
- Document and photograph your injuries.
- Allow others to document and photograph your injuries, too.
- Report to any EMTs for medical care, so they can create an official injury report.
Can Witness Statements Be Used in Court?
It is always best practice to summon a witness to testify live in Court but having his/her witness statement is important to ensure that the witness’ account of the facts doesn’t waver. The accounts that were integral in building the initial claim can serve as critical pieces of evidence during the court proceedings. The objective descriptions of the incident provided by witnesses can help convince a judge and jury to side with either the defendant or the plaintiff.
How to Get Witness Statements
Obtaining witness statements at the scene of a car accident usually involves:
- Safety first: Ensure everyone is safe and out of harm's way. Call emergency services if needed. Don’t try to collect evidence until everyone has been checked on.
- Identify potential witnesses: Look for people who were present at the time of the accident, such as other drivers, passengers, pedestrians, or nearby shopkeepers. Some people might even go out of their way to help you and volunteer their testimonies, so keep an eye out for these Good Samaritans.
- Approach witnesses: Politely ask these individuals if they witnessed the accident and if they would be willing to provide a statement.
- Take notes or record: Have them describe what they saw in their own words. If possible, record their statements with their consent. Otherwise, take detailed notes.
- Collect contact information: Make sure to get their name, address, and phone number so they can be reached later if necessary.
Respect privacy rights and seek consent before recording any statements. Avoid leading questions that might influence their account of events, too. Overall, you don’t want to do anything that could cause disruptions in your claim later.
A lawyer can help you obtain more comprehensive witness statements, too. Using their insight, resources, and experience, car accident attorneys can sometimes conduct thorough interviews with witnesses days or weeks after the crash to see if they have any more valuable information that they didn’t remember or share at first. Lawyers are also familiar with the legal requirements and best practices for collecting and preserving this type of evidence, ensuring it can be effectively used in building your claim.
Need Help Following a Car Accident with Serious Injuries? Call The Law Office of Joshua W. Branch LLC – The Athens Injury Lawyer
If you have been involved in a car accident due to the negligence of another driver, contact The Law Office of Joshua W. Branch, LLC, serving clients in Athens, Georgia, and beyond. We can help you build your car accident claim from the ground up, which may include integrating valuable and compelling witness statements. While we see how to best piece your claim together and prepare for litigation, just in case, you can stay focused on your rest and recovery, just like you deserve after being in an accident.
For more information about our legal services, call The Athen Car Accident Lawyer at (706) 760-9220 now.