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Is Eyewitness Testimony Important for a Car Accident Claim?

Posted on behalf of Arnold Law Firm in
testimony from an eyewitnessWhen a vehicle collision occurs, both parties may attempt to prove a lack of fault. In these cases, a neutral, third-party eyewitness may help establish the facts of the case.

Who Can be an Eyewitness?

An eyewitness can be anyone who was present at the time of the accident and was able to observe what happened before, during, and after the crash. These people may include:
  • Bystanders
  • People in nearby homes
  • Anyone who stopped to help
  • Other drivers
  • Passengers in other cars
  • People in a nearby business
Your passengers, the other driver, or anyone else involved in the accident are parties present at the time of the collision, but their testimony may not be considered reliable or impartial due to their involvement. They have a vested interest in the outcome of the claim.

Gathering Witness Information

After an accident, the priority is to get to a safe place and get any needed medical attention. Gathering information about the accident, including witness information, is the next important step. Evidence may either be gathered right after the accident or later when revisiting the scene.

At the Scene of the Accident

While at the scene of the accident, try to speak to anyone who saw what happened before and during the crash. Ask them for a name and contact information and whether they would be willing to give a statement on what they saw. It is important to reach out to witnesses promptly at the scene if possible. Most witnesses are also in transit and may not be at the location later, making it hard to find them and get a statement in the future. Obtaining witness statements sooner rather than later is also more effective because people tend to forget what they saw over time, which could damage their credibility during testimony at trial or in a deposition.

Returning to the Scene Later

Sometimes, gathering witness information at the scene of the accident right afterward may not be possible. You may be too physically injured, or it may be too dangerous to get out of your vehicle and survey the scene. However, you or your attorney could revisit the scene later and talk to people in nearby businesses or houses who may have been present when the accident happened. For example, a clerk at a gas station could prove to be a reliable eyewitness. Someone sitting on his or her front porch may have also witnessed the crash.

Eyewitness Testimony at Trial

Most car accident claims settle outside of the courtroom. Some cases do proceed to trial, often due to difficulty determining liability. When complex claims do go to trial, having a strong argument is necessary to convince the jury that your injuries were caused by the negligence of another driver. Eyewitness testimony may be essential evidence for proving liability.

Eyewitness Statements May Encourage a Settlement

When involved parties cannot come to an agreement on a settlement amount or on liability for the accident, the case may go to trial. Witness statements are generally gathered at the beginning of the claims process before a lawsuit is filed. During the discovery phase of a case, your attorney may provide an eyewitness statement that implicates the other driver. This may persuade his or her insurer to offer a settlement to avoid going to court, where a jury could potentially make them pay much more than they want to. Following is a hypothetical example of a liability dispute resolved by eyewitness testimony: While driving the speed limit, you turn on your blinker, look in your rearview mirror, and check your blind spot before starting to change lanes. As you proceed to enter the lane, you collide with another car that recklessly swerved into the same lane without warning. You and the other driver pull over and get out of your vehicles to assess the damage. The other driver claims that you were at fault for the accident. Without an eyewitness to verify that you properly indicated your intention to change lanes, the insurance company may deny liability. A credible eyewitness may help establish proof that you were adhering to traffic codes and driving defensively.

Let Us Help. Call Today to Learn More

The car accident lawyers in Sacramento at the Arnold Law Firm have more than four decades of experience gathering witness statements and depositions before a trial. Our focus is on the representation of the injured California residents, and we have obtained millions on their behalf.

No cost. No obligation. Call us today at (916) 777-7777.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.