You’ve just been involved in a car accident. You’ve made sure you and your passengers are safe and uninjured. You exchanged information with the other driver and called the police to report the accident. The next thing you should do is identify any witnesses to gather crucial eyewitness testimony.
The impact of eyewitness testimony on California car crash claims cannot be overstated. An eyewitness testimony can help with the facts surrounding a car accident claim, providing an unbiased, third-party perspective. A witness, for example, can help prove the other driver was negligent and can validate any injuries that occurred in the accident. That testimony can help prove you weren’t at fault for the car accident and better your chances of a favorable outcome.
Eyewitnesses may notice details that the drivers involved may have missed. They can provide crucial observations such as vehicle speed, weather conditions and driver behavior before and after the traffic collision. The ideal witness is one who stays neutral and provides the police and other investigators an impartial account of the car crash.
Who is Considered a Witness?
Obtaining eyewitness testimonies requires swift action. Say the accident occurred on a lonely stretch of road and the only other person you see is someone at the gas station across the street — that person may be a potential witness.
If the accident happened at a busy intersection, nearby business owners or workers, other drivers, pedestrians or anyone who stopped to help can all be possible witnesses. Keep in mind that not all witnesses may have seen the accident occur and perhaps only saw the aftermath, including any injuries:
- Witnessing the accident: This type of witness can provide details about the car accident because they saw what occurred.
- Witnessing the injuries: This type of witness may not have seen the actual accident but saw the injuries that occurred because of the collision. These types of witnesses can be family, friends or work colleagues. They can verify the severity of any injuries and their impact on your ability to do everyday activities.
The best strategy is to politely request contact information and a brief account of what that person witnessed.
Good questions to ask a potential witness include:
- In your own words, describe how the car accident occurred.
- Where were you when the collision happened?
- Did you see anyone else who may have also witnessed the crash?
- Did you get a clear view of the car accident?
- What did you do after the accident?
It’s important to record these accounts accurately and promptly so no details are missed or forgotten. Under California law, relevant evidence such as eyewitness testimonies can be obtained through discovery processes if a lawsuit is filed.
What to Look for in a Credible Witness
A good witness will provide a factual, accurate and impartial account of what occurred. A clear, undistracted view of the car accident is also important. Otherwise, his or her testimony may be discredited. Credible witnesses should:
- Have a clean criminal history
- Preferably not be a relative or friend
- Be mentally and physically healthy and able to articulate
- Be alcohol and drug-free when the accident occurred
However, several factors can impact witness credibility. Insurance adjusters are notorious for challenging this credibility, especially if they want to minimize the insurance company’s losses.
These are some factors that may work against a potential eyewitness:
- Acting distracted during the accident
- Any changing details or inconsistent accounts of their version of events
- Having a financial interest in the case
Is Eyewitness Testimony Reliable?
Eyewitness testimony after a car crash can be valuable, but it’s often questioned in legal proceedings.
Here are some concerns with relying on eyewitness accounts:
- Stress and trauma can mess with eyewitness memory – what someone recalls might not be entirely accurate
- People only see what’s in front of them, and that’s often just a part of what happened
- Our existing beliefs can influence what we think we saw, even if we don’t realize it
- The longer you wait, the more memories can fade or change
- New information after the fact can change how someone remembers things
In legal proceedings, courts and juries are increasingly aware of the potential unreliability of eyewitness testimony. While it can still help in car accident cases, it’s better when backed by other forms of evidence.
If you’re having issues with eyewitness testimony, speak to a personal injury attorney for help.
Can a Passenger be a Witness in a Car Accident?
Your Car Passenger May Be a Good Source.
Typically, we think of witnesses as bystanders or people in other vehicles. But what about car passengers who were involved in the accident? These witnesses can provide firsthand accounts of the events that led up to the car accident and the aftermath.
Vehicle passengers are typically considered impartial observers, giving their accounts credibility. However, it’s important to consider if a passenger’s statement is less reliable or objective compared to the actual drivers involved. Since passengers were not actually behind the wheel at the time of the accident, their statements may not be as comprehensive when describing what took place.
Ultimately, the reliability and objectivity of a passenger witness account boils down to the individual and the situation. An experienced car accident attorney can help determine whether certain witness testimonies are helpful to your claim.
Calling in an Expert
Expert witnesses provide important insights in complex legal cases requiring specialized knowledge. An expert may be called upon if the issue in a crash reconstruction includes a calculation involving the first car’s speed, the curve of the road, the angle of the other car stalled in the middle of the road just past the curve and the condition of the first car’s tires.
An expert witness can provide information on how and why something went wrong, or what the generally accepted standard of care is in their area of expertise.
Other Types of Evidence
Having a witness provide testimony and support your version of what occurred is important. But keep in mind that you can also use other types of evidence to support your car accident case, including:
- A police report
- Dashcam video
- Photos
- Surveillance footage
- Expert testimony
What if You’re the Witness?
You aren’t required to stay at the scene of a car accident if you witnessed it. However, many people do stay because for them, it’s the right thing to do and they simply want to help. The parties involved in the accident may need someone to call for medical care, and eventually, the information you provide may help resolve any possible future legal issues.
First, ensure your own safety by pulling over and maintaining a safe distance, at least 100 feet, from the accident scene. Make sure your hazard lights are on.
Then, call 911. Don’t assume that someone else has already called or that no one appears to be hurt. Give the 911 operator as much information as you can, such as location, types of cars and number of people involved.
If it’s safe to approach the crash scene, do so and check to make sure everyone is OK. Do not attempt to move anyone because if there is an injury, that could make the injury worse.
Once police arrive, provide your contact information and facts about what you witnessed. If insurance agents, attorneys or medical authorities contact you about being a witness, remember to be factual and consistent.
A Big Witness Don’t
You should never try to influence or ask a witness to change his or her testimony. Witness tampering is a crime under California penal code and can be charged as a misdemeanor or felony, depending on the circumstances. Preventing a witness from testifying, altering their actions in legal proceedings or influencing their testimony are all types of witness tampering. A person can be held criminally liable even if he or she was unable to prevent or discourage the witness.
Were You Injured in a Car Accident and Need Help with Your Claim?
Experienced car accident claim attorneys like El Dabe Ritter Trial Lawyers can help obtain witness statements and determine if they are credible, strengthening your case and increasing your chances of receiving fair compensation for your insurance claim.
Schedule an appointment with your trusted Southern California Accident Attorneys at El Dabe Ritter Trial Lawyers today to learn more about the impact of an eyewitness testimony on California car accident claims and to schedule a free consultation.