If you have been involved in an auto accident, most likely there are witnesses unless it happened in a rural area. Auto insurance companies work to defend their customers from the accusations and blame that they might encounter after a car crash.
While that is their job, they are also in business to make money, so that means they don’t want to pay out any more than they must for a claim. You can expect your version of the incident to be challenged by the insurance adjuster.
A personal injury claim is much more than just filing a claim with the insurance company and telling your version of what happened. You must prove that the other driver was at fault. This is when eyewitnesses can be beneficial.
The Effectiveness of Witness Statements
Witness statements offer powerful evidence that shows the other driver was liable for the collision that resulted in your injuries and damages. Witnesses are individuals who aren’t involved in the crash, so they are unbiased because they have no interest in the accident.
Sometimes statements made by drivers and passengers are biased because they are influenced by their self-interest. Witnesses have no financial or personal interest in the outcome of your claim.
Witness statements might be used to show that a driver is at fault for a crash, to defend a driver against accusations regarding a crash, to validate the severity of damages and injuries, and to support any pain and suffering claims. Eyewitness statements are used along with photos of the crash scene, medical bills, proof of lost wages, and the accident report.
How Lawsuits Are Affected by Witness Statements
Witness statements are extremely beneficial if you end up in court. Here are a few ways that the statements of an eyewitness could help you:
- Clear testimony – While your best witness might have trouble remembering everything after they get on the witness stand, they can read their prior witness statement aloud. It can help them recall specific details.
- Admission of fault – Witnesses can say they heard the other driver admit he or she was to blame for the crash, which is a strong supporter of your claim.
- Evidence of inconsistencies – If there is a witness who testifies against you, your lawyer can use their prior witness statement as evidence to help show the inconsistencies and that the story has changed.
Getting Witness Statements
If you have been in an accident, you will need to acquire witness statements. The accident scene can be chaotic, and you might be upset.
You should get medical care right away and always call the police to the scene. If you make your injuries worse by moving around after the crash and gathering evidence, it can hurt your claim.
If you are physically able, take advantage of the time between the crash and the law enforcement officer’s arrival to look for witnesses who might help your claim. Ask them to write a statement and give you their names and numbers.
Consult With a Personal Injury Lawyer
If you have been involved in an auto accident, you should consult with a personal injury attorney. A lawyer will help gather the documentation to support your claim and will also track down witnesses. Complete the Free Case Evaluation Form today!