Jun 8 2024 | Zayouna Admin

Exploring the Role of Witnesses in Car Accident Claims

Car accidents are moments of chaos, leaving behind a trail of wreckage, injuries, and often, legal complications. In the process of determining fault and seeking compensation, witnesses offer a valuable source of evidence. Their firsthand accounts serve as essential blocks in building the narrative of an accident.

Witness statements are written or recorded summaries of the events that occurred in a dispute, signed and dated to confirm that the statement is true. In car accident claims, they offer unbiased perspectives, providing a resource to help legal representatives and insurance companies unveil the truth behind the events that led to the accident.

Let’s explore the role of witness statements in car accident claims and how to collect witness statements after an accident.

The Importance of Witness Statements in Car Accident Claims

Unbiased eyewitnesses are an extremely useful resource in car accident claims. If the eyewitness is not associated with either party, they can provide an objective, unbiased account of the events which will help to strengthen your claim.

Without eyewitnesses or other sources of objective evidence, claims come down to one claimant’s word against the others. Witness statements support one of the accounts to guide legal proceedings.

Witness statements can help to:

• Substantiate claims: Witness statements can have a significant effect on a jury’s decision, shifting the account of the accident in support of one party or another.
• Negotiate settlements: Since witness statements offer such a valuable source of evidence, having a strong statement can push defendants to settle outside of court.
• Verify Injuries: Witness statements can offer insight into the extent of each party’s injuries at the scene of the accident or how the injuries have impacted the claimant’s quality of life.
• Preserve facts: Details can get muddied when investigating an accident with little evidence. Witness statements offer an important glimpse of the truth.
• Establish negligence: It is the plaintiff’s (aka the victim’s) duty to prove that the accident was caused by the defendant’s negligent actions. Witness statements can make this drastically easier.
• Prove innocence: On the other hand, witness statements can help to prove that the plaintiff was not responsible for the accident.

Who Can Provide a Witness Statement

When most people think of witness statements, the first thing that comes to mind is probably eyewitness testimonies. Eyewitnesses offer a crucial piece of evidence in a car accident claim, but there are other witness statements that can be collected to strengthen a claim.

Drivers and Passengers

The statements of drivers and passengers offer a first-hand account of the incident, and the value of these statements should not be overlooked. The issue with driver and passenger witness statements is that they tend to be biased. Drivers have a vested interest in the outcome of the case. Passengers likely know one of the parties personally and may be invested in helping them succeed in the claim.

Eyewitnesses

Eyewitnesses are individuals who were at the scene of the accident and can offer their perspective on the events that unfolded. Generally, they will discuss the events as they saw them, which lawyers can use as testimony to prove their claim.

Eyewitnesses who are completely uninvolved with either party and who saw the entire event unfold tend to be the most credible. However, eyewitnesses who came to help in the aftermath of the accident can also provide a valuable account of the scene as they saw it, including the extent of the damages and injuries immediately after the accident.

Expert Witnesses

A different kind of witness statement is the expert witness. Expert witnesses are professionals working in a relevant field who can offer their expert opinion on various aspects of the accidents. These statements can be valuable for determining things like the long-term complications of injuries or the financial impact of the injury. Often, expert witnesses are doctors, engineers, actuaries, and other specialists.

Another common expert witness is an accident reconstruction specialist. They can create a computer model reconstruction of the accident to offer juries a clearer idea of how the events likely unfolded.

Familial Witnesses

Often familial witnesses will be family or friends who can speak on the impact that a victim’s injuries have had on their day-to-day life. They may also provide testimony of the character of the claimant to try to add credibility to their story.

How to Find Witnesses and What Information to Collect

The moments immediately after a car accident are stressful, but are crucial for collecting evidence and information. If you are capable, this is the time to try to find witnesses. Some people may volunteer to offer a statement, but you may have to ask people who are present if they saw what happened.

If you can find a witness, ask if they would be willing to provide a statement. Take a video or voice recording of their statement, or ask if they can provide a formal written statement. Written statements should include the date and a signature signifying that the statement is true. Don’t forget to exchange contact information so your lawyer can contact them down the road.

If you can’t find any eyewitnesses immediately after the accident, or if you were physically incapable of looking, hope is not lost. Try to access the police record to see if they were able to obtain any witness statements or if you can track down the witnesses they spoke to. Look for any camera footage of the accident or near the accident scene to identify possible witnesses. Security cameras, dash cameras, bystander recordings, or photos of the accident may all be fruitful in identifying potential witnesses. You can also speak with the first responders or other parties who helped with the aftermath to provide their account of the event.

Factors that Can Affect Witness Credibility

As a word of warning, not all witness testimony is equal. If you present a statement from a witness that is uncredible it may even hurt your claim. Here are some factors that can affect the credibility of witnesses:

• Eyewitness statements collected months after the accident
• Inconsistent or contradicting statements in the testimony
• A past criminal record or a history of dishonesty
• Having a personal interest in the outcome of the case
• Witnesses with cognitive or memory issues
• Drug or alcohol Impairment at the time of the accident

How a Trusted Toronto Car Accident Lawyer Can Help

If you have been injured in a car accident in Toronto, you are not alone. An experienced car accident lawyer can help you throughout the claims process, from collecting evidence to representing you in court.

The team at Zayouna Law Firm are trusted car accident lawyers with decades of experience helping clients in the Greater Toronto Area compile strong car accident claims. Our lawyers will work with you to provide personalized representation at every step. We offer free initial consultation to all prospective clients to discuss the details of their case. Contact Zayouna Law Firm to book your consultation today.