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Auto Accident Eyewitnesses: Their Value and How to Get Them
May 14, 2021
Eyewitnesses can help you prove your auto accident claim and win significant damages. Below are some of the roles that eyewitnesses play in auto accident claims - plus how to get eyewitnesses.
What Role an Eyewitness Plays Eyewitnesses play multiple roles in auto accident claims. Below are some of these roles.
Establish the Facts The auto insurance adjuster handling your claim will want to establish the facts of the case before processing your claim. For example, they may want to know the parties involved, the location of the accident, and the cars involved. The court will also want to establish the same facts if your case proceeds to trial. Eyewitnesses can help establish such facts.
Solidify Your Claims Your claims are likely to differ from the defendant's claim. You need evidence to prove the accuracy of your claims. For example, if the defendant was intoxicated, they might beat least partially liable for the crash. An eyewitness who saw the driver drinking alcohol, driving erratically, or speaking with slurred speech can help prove your intoxication claim.
Dispute the Defendant's Claims Some auto accident defendants make false claims to avoid paying for their mistakes. For example, a defendant might lie to:
For example, a defendant might claim that you were driving in the wrong lane. Eyewitnesses can help you prove that the defendant's claim is a lie.
Strengthen Your Claim Once you file an auto accident claim, the insurance company will evaluate and determine its likelihood of succeeding in court. The stronger your case is, the more likely the insurance provider is to make a good offer. Eyewitness testimony, alongside other forms of proof such as physical and circumstantial evidence, strengthens your claim.
How to Get Eyewitnesses You can only benefit from eyewitness testimony if you have the witnesses. Below are some ways to get eyewitnesses.
Get Contacts Immediately After the Crash One of the best ways to get eyewitnesses is to get the contacts of all the people around an accident scene. Pedestrians, other motorists, and occupants of nearby properties can all be your eyewitnesses. Get their contact information and screen them later for valuable testimony.
Revisit the Accident Scene In some cases, you might not be able to get eyewitness contacts immediately after a crash. For example, you might have to rush to the hospital with serious injuries that require immediate medical care. Return to the scene of the crash once your injuries stabilize. You might be lucky enough to find someone who can help.
Scour the Police Report When police officers arrive at an accident scene, they usually ask for details of those at the accident scene. Get a copy of the police report and scour it for potential witnesses.
Talk to Your Witnesses Sometimes, initial witnesses can also help you locate other witnesses. For example, a driver can help you locate their passengers at the time who might have witnessed the accident. Therefore, don't forget to ask your witnesses to suggest others who might have been at the accident scene.
Scrutinize the Accident's Video and Photograph Footage A common piece of advice is to take video footage or photographs of an accident scene before leaving. The main objective is to use the footage to prove the accident, your injuries, and any property damage. However, if the footage captures some people, you can trace them and ask them to testify on your behalf.
Not every eyewitness can contribute to your case. You need credible eyewitnesses with valuable testimony. Schonberg Law Offices of the Hudson Valley, P.C., can help you find such eyewitnesses, evaluate their testimony, and use that testimony to win your settlement. Contact us for a free initial evaluation to determine the best approach for your case.
What Role an Eyewitness Plays Eyewitnesses play multiple roles in auto accident claims. Below are some of these roles.
Establish the Facts The auto insurance adjuster handling your claim will want to establish the facts of the case before processing your claim. For example, they may want to know the parties involved, the location of the accident, and the cars involved. The court will also want to establish the same facts if your case proceeds to trial. Eyewitnesses can help establish such facts.
Solidify Your Claims Your claims are likely to differ from the defendant's claim. You need evidence to prove the accuracy of your claims. For example, if the defendant was intoxicated, they might beat least partially liable for the crash. An eyewitness who saw the driver drinking alcohol, driving erratically, or speaking with slurred speech can help prove your intoxication claim.
Dispute the Defendant's Claims Some auto accident defendants make false claims to avoid paying for their mistakes. For example, a defendant might lie to:
- Deny liability
- Downplay your damages
- Establish your contribution to the crash
For example, a defendant might claim that you were driving in the wrong lane. Eyewitnesses can help you prove that the defendant's claim is a lie.
Strengthen Your Claim Once you file an auto accident claim, the insurance company will evaluate and determine its likelihood of succeeding in court. The stronger your case is, the more likely the insurance provider is to make a good offer. Eyewitness testimony, alongside other forms of proof such as physical and circumstantial evidence, strengthens your claim.
How to Get Eyewitnesses You can only benefit from eyewitness testimony if you have the witnesses. Below are some ways to get eyewitnesses.
Get Contacts Immediately After the Crash One of the best ways to get eyewitnesses is to get the contacts of all the people around an accident scene. Pedestrians, other motorists, and occupants of nearby properties can all be your eyewitnesses. Get their contact information and screen them later for valuable testimony.
Revisit the Accident Scene In some cases, you might not be able to get eyewitness contacts immediately after a crash. For example, you might have to rush to the hospital with serious injuries that require immediate medical care. Return to the scene of the crash once your injuries stabilize. You might be lucky enough to find someone who can help.
Scour the Police Report When police officers arrive at an accident scene, they usually ask for details of those at the accident scene. Get a copy of the police report and scour it for potential witnesses.
Talk to Your Witnesses Sometimes, initial witnesses can also help you locate other witnesses. For example, a driver can help you locate their passengers at the time who might have witnessed the accident. Therefore, don't forget to ask your witnesses to suggest others who might have been at the accident scene.
Scrutinize the Accident's Video and Photograph Footage A common piece of advice is to take video footage or photographs of an accident scene before leaving. The main objective is to use the footage to prove the accident, your injuries, and any property damage. However, if the footage captures some people, you can trace them and ask them to testify on your behalf.
Not every eyewitness can contribute to your case. You need credible eyewitnesses with valuable testimony. Schonberg Law Offices of the Hudson Valley, P.C., can help you find such eyewitnesses, evaluate their testimony, and use that testimony to win your settlement. Contact us for a free initial evaluation to determine the best approach for your case.
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