One of the most important things we advise anyone to do in the event of a car accident is to get the name and contact information of any witnesses that can be found. Of course, it goes without saying that getting first aid if needed and reporting the accident to the police are essential steps, but identifying witnesses and getting statements about what they saw can be crucial to successfully securing compensation for an injured driver.
A lawyer must have evidence to demonstrate that the other party is at fault. Many cases are built on the testimony of eyewitnesses, and in order for a lawyer to understand the strength of a case the lawyer must know what the eyewitnesses remember.
In general, witness statements are best taken as soon as possible. Legal scholars and psychologists have developed a deep body of research that shows human memory can be very flawed. Over time, bias creeps into the stories people tell, and witnesses often take in additional information and incorporate it into their story. People also simply forget what happened. Statements obtained right away are likely to be more accurate than later statements.
Witness statements are most credible when the witness does not have any self interest involved. The testimony of your family and friends who were in the car with you are worth something, but generally not as much as a bystander who has no connection to the parties’ involved in the collision. Locating these witnesses and getting a detailed statement from them is often one of the most important things that an investigating personal injury attorney can do.
Most cases begin with a discovery phase, where each side explores the evidence the other side has. This gives both sides a good understanding of how the case might play out in court. Lawyers and their clients can estimate their odds of winning and decide whether it would be preferable to settle and avoid the risk.
Additionally, discovery will sometimes simply bring one side to the realization that they were in the wrong. For example, an eyewitness statement that a driver was playing with the radio at the time of the accident might encourage that driver’s insurance company to settle.
Perhaps most importantly, a witness statement can be a powerful weapon in court. Here are a few ways they can be deployed under Washington State evidence rules:
Witness statements can just as easily be used against you. If you are in an accident, you should never allow yourself to be talked into making a statement to the other side or even to your own insurance company without advice from your own lawyer first. Call us for a free case review where we can talk through what happened and what options you may have.
Your auto injury lawyer at Lehmbecker Law will determine how much compensation you are entitled to for your car accident based on our decades of settlement experience in valuing:
Protection from unknowingly accepting a low ball insurance offer will give you peace of mind, so contact us today.