Car Accident Lawyer Lake Worth, FL
A reliable witness at the scene of a car accident can end up playing a crucial role in a successful lawsuit. A witness can help piece together the events of an accident and corroborate an injured party’s story. A witness’s testimony can assist with proving who was at fault for the accident which is paramount when recovering damages caused by an accident. Following a car accident, it is important to identify a credible witness and gather the right information from that individual.
After a car accident, it is a good idea to obtain contact information for anyone who may have witnessed the incident. Although questions about the accident can be asked and answered on scene, an accident scene can be chaotic and there may be injuries that need medical attention.
The human memory is flawed and with time it is natural for details of an event to become unclear. It is important that a witness is contacted for a statement as soon as possible after an accident to assure you obtain the most detailed, credible statement possible. These statements will be valuable in the future if the lawsuit does end up going to trial. A trial date can be years after the actual accident causing witnesses to forget what happened. In most states, a witness can refer to their original statement when giving sworn testimony in court. This has several advantages. It keeps the witness honest because the witness is forced to tell the same story they told previously. It helps the witness refresh their memory as to the details of the accident and usually, a witness will even be able to read directly from their statement if they happen to draw a blank in court.
You or your insurance company is allowed to question the witness, however it is always best to consult with an experienced car accident lawyer Lake Worth, FL residents trust from The Law Office of Eric H. Luckman, PA. An attorney who specializes in car accident lawsuits will know what questions and details are most important for a claim to recover damages.
A witness should be asked to recall their point of view of the events leading up to and immediately following the accident. It is better to ask open ended questions to draw more information from the witness’s memory. Facts need to be established as to how the witness came to see the accident. Asking where they were positioned in relation to the crash, how far away were they and if they had a clear view of the crash can help achieve these facts. A witness should be asked to focus on the scene and indicate street names, intersections, vehicle positions, directions the cars were heading, weather conditions, and approximate speeds of the vehicles. It is important that the witness does not speculate and just recalls the facts of the accident from their own perspective. This will avoid the potential issue of hearsay if the case goes to trial.
The most credible witnesses will always be those who have no interest in the case. Although a passenger in your car can give a statement attesting to the conditions of the accident, they may have suffered injuries and have a personal interest in the case.
A good eye witness from the car accident can greatly benefit the party seeking compensation for damages suffered. A credible witness can help promote a speedy settlement or be a key aspect in a trial. If the right questions are asked and the right details are uncovered, a witness’s statement is invaluable in a car accident lawsuit.