Importance of Witnesses in a Car Accident Claim

Robert C. Younce, JR | October 29, 2024 | Car Accidents

Car accidents can be overwhelming, especially when you’re left to deal with injuries, medical bills, lost income, pain, suffering, and insurance claims. One often overlooked but crucial element is the importance of witness statements in car accident claims.

Independent witnesses can provide an unbiased view of what happened, capturing details that those involved may miss in the chaos. Eyewitness statements can support your account, help establish fault, and provide clarity when there are disputes. Attorneys can revisit witness statements or contact witnesses for further details, ensuring all aspects of their testimony strengthen the case and prove liability.

How Witnesses Can Help You After a Car Accident

An independent car accident witness statement can be a game-changer when trying to prove what happened during the crash. Insurance adjusters, jurors, and judges often discount the testimony of both plaintiff and defendant because they think the parties are both likely biased. Independent witnesses, however, can offer an unbiased perspective, often seeing things that the people involved in the accident might have missed.

Independent witness statements can provide another perspective of the accident, helping to clarify:

The driver’s behavior – Witnesses can observe and report on driving behaviors that may have contributed to the accident. For instance, they might note if a driver was speeding, weaving between lanes, or driving aggressively. Such observations could be crucial in establishing reckless or negligent behavior that led to the crash, providing evidence that supports claims of unsafe driving.
The sequence and timeline – Witnesses often have a clear view of the moments before the collision, allowing them to recount the order of events. They can describe who had the right-of-way, whether a driver failed to signal, or if someone ran a stop sign or red light, for example. A detailed sequence can help reconstruct the accident accurately, making it easier to pinpoint how and why the crash occurred.
Road conditions, visibility, and obstructions – Witnesses can also provide insights into external factors that might have influenced the accident, like poor visibility due to weather, construction barriers, or debris on the road. Their observations about lighting, road hazards, or obstructions can explain contributing circumstances that affected driver decisions and actions.

Can a Passenger in Your Car be a Witness?

A passenger in your car is likely to be a relative or friend and is therefore likely to be perceived as biased. Does that mean that their perspective and testimony are worthless? Not necessarily. Your passenger may have noticed or seen things that you don’t remember, thus filling in potentially valuable information to solving the liability puzzle.

Sometimes the insurance company tries to minimize the severity of your injury by downplaying the severity of the collision itself, arguing that no one could be hurt in a collision that resulted in outwardly minor damage to the vehicles. A passenger in your car is in the unique position of being able to confirm that the collision was extremely violent because they experienced the same collision.

Just because a witness’ testimony may be devalued because of perceived bias, it doesn’t mean that it’s worthless. It could make the difference between winning and losing.

Witnesses Can Back Up Your Version of Events

After a car accident, emotions run high, and memories can become fuzzy. You might vividly remember what happened, but the other driver could have a very different recollection. An independent witness in a car accident can help corroborate your version of the events. For example, if you claim that the other driver ran a red light, but they deny it, a witness who saw it happen can support your claim.

Having insight from an objective, third-party observer can help your claim by:

Validating key details
Filling in missing gaps
Offering unbiased testimony
Supporting police reports
Strengthening legal and insurance claims
Confirm details about the other driver’s misbehavior after the collision, such as running from the scene, verbally abusing you or threatening you.
Confirm the other driver’s demeanor after the wreck, such as indifference or anger.
Sharing what they saw or heard from the driver texting or talking on the phone
A witness’s testimony may describe erratic or suspicious behavior, such as throwing away alcohol or what appeared to be drugs.
A witness can offer insight into whether the other driver appeared disoriented or smelled of alcohol.

A Witness Can Describe Injuries or Visible Impairment After the Crash

Beyond establishing fault, witnesses can also describe visible injuries or signs of impairment observed at the scene. For example:

A witness’s description can verify that you were visibly injured, bloody, limping, or unconscious.
A witness’s description can verify that you appeared dazed or disoriented because of a head injury.
A witness’s description can verify that you immediately walked with a limp or were unable to walk at all.

How Do I Find Witnesses for My Car Accident?

Some witnesses proactively offer their names and contact information after the crash. Others might not want to volunteer but could be dependable witnesses when asked. The quicker you identify witnesses, the better your chances of gathering fresh, accurate accounts of what happened.

Here’s how you can find witnesses:

Look around immediately after the accident. Check for pedestrians, other drivers, or bystanders who saw what happened.
Ask nearby businesses if there are employees who could have seen the crash. You can also ask about surveillance cameras.
Check for nearby residents. People near the accident scene might have heard or seen the collision from their homes.
Check the police report. In some cases, the accident report compiled by the responding law enforcement officer will contain information about eyewitnesses to the crash.

What Hurts a Witness’s Credibility?

Just as there are factors that enhance credibility, certain elements can undermine a witness’s reliability. These elements include:

Making inconsistent or conflicting statements about the crash
Being impaired by drugs or alcohol
Having a personal relationship or bias with any involved party
Asking for money before providing testimony

What if the Witness Doesn’t Want to Testify?

It is certainly best if a witness volunteers to testify willingly. However, sometimes witnesses don’t want to be bothered by coming to a deposition or trial. In those cases your experienced personal injury trial attorney can simply subpoena the witness, thus legally compelling the witness to attend and testify.

Get in Touch with Our North Carolina Car Accident Attorneys

If you’ve been injured in a car accident, witness statements can be very valuable in proving your case. Don’t leave it to chance. Contact the experienced car accident attorneys at Younce, Vtipil, Baznik & Banks, P.A., who can help you gather the needed evidence, including crucial witness testimony, to support your case.

About the Author

Robert C. Younce, JR
Robert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers’ compensation law. He has tried over 100 workers’ comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers’ compensation law since 2001.

Importance of Witnesses to a Car Accident