How Important Are Eyewitnesses In Car Accident Cases?

Being involved in even a simple car accident is a stressful experience. Your body is going through shock, your feet are shaking, and you’re struggling with the anxiety of the whole ordeal. 

Because of this, many victims go right into self-preservation mode and seldom think about the proper steps they should take to ensure maximum compensation. 

Although there are plenty of things you need to do in the aftermath of an accident, the most important one is talking to witnesses and getting their contact information. Every eyewitness in car accident can provide a statement that can have a massive impact on the success of a potential personal injury case. 

Who is an eyewitness in car accident?

Any individual who saw what transpired can fulfill the role of an eyewitness in a personal injury case. This could be a passenger, a bystander, or another driver who personally observed the events that took place before the collision and was present during its aftermath. 

More often than not, the perspective of these individuals is unbiased, which means they can provide critical information regarding the sequence of events, thus helping attorneys and other experts accurately reconstruct the incident. 

Why it’s beneficial to exchange information with eyewitnesses right after the accident

As we said earlier, the aftermath of the accident is often chaotic and overwhelming for all the parties involved. Yet, if you have the physical and mental capacity to gather information at the scene, you absolutely should.

Eyewitness in car accident can help your legal team build a more robust case that is not only corroborated by physical but circumstantial evidence as well.

Still, it’s important to note that human memory is fickle, and the more time passes between the testimony, the higher the chance that the witness will forget crucial details. This often happens when their recollection naturally fades or their memory gets influenced by external factors. To preserve the clarity of information, use your phone to record their statement ASAP if you are physically able to do so. 

Don’t stop at just one witness. If other people observed the collision, collect their information or testimony. Each witness can help bolster your case and provide a more accurate account of why the accident took place. 

We also recommend taking videos or photos of the scene. Document the position of both vehicles, road conditions, traffic signals, skid marks, or other information that helps clarify the sequence of the events. Visual evidence helps corroborate eyewitness testimony and paints the complete picture of the accident scene. 

Benefits of eyewitness testimony

Every eyewitness in car accident is an important asset in your case who can provide insight into the circumstances surrounding the event. Here’s how your case can benefit from them:

1. Establishes liability

Despite the traumatic nature of the event, you likely have your account of how everything transpired. The thing is, so does the driver who caused the accident. Fortunately, eyewitness accounts can corroborate your testimony, providing an unbiased perspective and assisting in supporting your personal injury claim. 

Eyewitness accounts are even more valuable in cases where there’s a dispute over liability. For instance, the other driver may be adamant they were paying full attention to the road but an eyewitness in car accident may recollect that they saw them texting when the accident occurred. 

This automatically casts doubt on the driver and can help establish they are guilty of distracted driving, meaning they were negligent. 

1. Increase the settlement amounts

Insurance companies consider various factors in assessing the validity of an auto collision claim. One such factor is the claimant’s credibility. 

A single piece of eyewitness testimony can bolster your case’s credibility and in turn, make it much more likely that the insurance company will offer you a more substantial settlement.

This is because they will be more willing to negotiate when they believe the evidence that supports your claim is valid. Hence, they’ll be more open to increasing your settlement to avoid going to court, where they may have to cash out significantly more money. 

2. Can be entered into evidence at a trial

Even though most personal injury cases are settled out of court, there’s always a possibility that the liable party’s insurer will refuse to provide you with a fair settlement offer. This is the worst-case scenario, so to speak, as your case must go to court. 

At the trial, your attorney can present witness testimony as evidence. Considering this is a raw, unbiased account of the events, it helps establish the element of negligence.

The judge or the jury can thus make an informed decision based on eyewitness accounts and physical evidence.

3. Resolve conflicting testimonies

It’s very common for recollections of the interested parties to vary for different reasons. The negligent driver may misremember certain details or tell outright lies to save their own skin.

Eyewitness testimony assists the decision-makers in this regard too, as it helps clarify any discrepancies between conflicting accounts.

What’s the difference between eyewitnesses and expert witnesses?

An eyewitness in car accident provides a first-hand account of the events. By contrast, expert witnesses have no connection to the accident but possess specialized expertise in a field relevant to the accident.

Due to this fact, attorneys retain them to analyze evidence and interpret the technical aspects of the case.

Aside from assisting lawyers during the settlement process, they may also provide testimony in court to clarify complex issues for the jury or the judge.

Get the legal ball rolling

Apart from the strength of the evidence, your attorney’s skill also plays a crucial role in how the case ultimately pays out - especially when it comes to locking down a settlement and increasing the amount of damages you can recover in court.

To work with an experienced car accident attorney and improve the outcome of the case, reach out to attorneys at the Law Offices of RITE.

When you sign up for our services, we take over everything from investigation to interviewing witnesses. Your only job is to focus on your wellbeing as we’ll cover the rest.

Call (904) 500-RITE (7483) or send us an email at info@rite4justice.com to schedule a free case review.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.