Do I Need a Witness for a Car Accident Case?

Car accidents are never fun, especially if there’s a disagreement between the involved parties. If there’s a dispute—and there often is—the argument can turn into a “my word versus theirs” scenario, leaving both drivers at a loss. If this is the situation you find yourself in, having an eye-witness to support your case can be instrumental in helping you win. That’s why, in the minutes after the crash, it’s so important to find a third-party bystander who can back up your claim.

If you can’t find a credible witness, don’t despair. There are still methods by which you can win your case, including using a camera to document the scene and finding an experienced attorney who can fight for you.

Why are Witnesses Crucial in a Car Accident Case?

After a car accident, it’s not uncommon for each driver to believe that they’re in the right. Upon arrival at the scene, insurance adjusters often decide which version of the story is more credible based on the evidence and testimony presented by each driver, but that’s not always the case.

That’s why the first question asked by most insurance adjusters is “Were there any witnesses?”

It’s important to consider the different ways in which witnesses can help you win your case.

• Being a third-party: As we’ve mentioned, witnesses can help resolve a conflict if both parties are unable to come to an agreement. It’s vital, however, to find a witness that was neither involved nor hurt in the accident. This makes them more credible.
• Establishing fault: The witness can provide written or spoken testimony that the at-fault party was in the wrong. Perhaps the driver was using their cell phone, running a red light, or otherwise distracted.
• Filling in informational gaps: Sometimes, the driver cannot recall the full events that transpired prior to the accident, especially if there was trauma involved. A witness can help paint the full picture from an outside perspective. Maybe the at-fault driver ran a stoplight or missed a four-way stop. Perhaps there was an animal in the road, causing one driver to veer into the other.

Having the perspective of someone outside of either vehicle can be informative and help you build your case. If possible, find a credible witness.

Is Your Car Accident Witness Credible?

You might not be able to get away with finding just any random bystander on the side of the road. You must also make sure your witness can provide you with an accurate representation of the scene as it truly unfolded. If they were driving another vehicle that was passing by, for instance, they may not have had time to fully gauge the entire scene as it transpired. Likewise, they may have been focused on their own safety as they tried to avoid getting into an accident themselves. These types of witnesses can often provide a one-sided version of the story, making them less credible. Other factors can play into the credibility of a witness, such as whether or not they’re visually impaired, a convicted felon, or under the influence.

As long as your witness was able to observe the accident from a safe distance—from start-to-finish, without distractions, and without a stake in either party—they’re considered a credible witness.

What If There Are No Witnesses to a Car Accident?

Oftentimes, an accident occurs where there are no witnesses. If this is the case, document the scene as best as possible. Of course, in the case of personal injury, your first priority should be to seek medical attention and call the police. But if you can find a moment, write down all of the details in sequence as they occurred prior to the crash so that you don’t forget at a later point. Snap as many photos as you can of the scene, including the road, skid marks, any of the surrounding areas, and the inside and outside of the damaged vehicles. The more physical evidence you can capture, the better.

Speak to the Experienced Car Accident Attorneys at The Barnes Firm

If you’ve been in a car accident where there’s been a disagreement or dispute, the practiced attorneys at The Barnes Firm can help you. We’re a trusted source of highly trained lawyers who are experts at handling cases involving auto accidents. Whether or not you have a credible eyewitness, The Barnes Firm will launch a legal investigation into your case and the circumstances leading up to the crash in order to provide you with the soundest case possible. To schedule a free consultation with our knowledgeable auto accident attorneys, call The Barnes Firm or fill out our online contact form today.

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Richard Barnes – President of The Barnes Firm

“As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years