Car accidents happen so quickly that it can be difficult to recollect the event in detail afterwards. If you're involved in a personal injury claim for the car accident, you can benefit tremendously from having a witness testify on your behalf. Your witness does not necessarily have to attend court and might only be required to provide a statement. In general, witnesses are only summoned to court if the case cannot be settled; however, finding the right witness can help you settle your case more easily. Here are 3 tips that will help you choose the right witness.
The Position of the Witness at the Time of the Accident
Consider where the witness was positioned at the time of the accident to determine whether they had a good view of the entire event as it unfolded. You want to consider not only the angle of the witness' view, but also whether the witness was driving or a pedestrian. If the witness was driving, they might have been more focused on avoiding the accident, and, as a result, might not have caught every single detail that happened. On the other hand, if the witness was a pedestrian watching the event unfold from the sidelines, they might have been more focused on what happened.
It's crucial to determine whether the witness' view was obstructed at any point of time. For example, if they were standing behind a poster, they might not have had a good view of some parts of the accident, and might not be able to offer vital details that could help your case substantially. You want to find a witness that watched the accident from start to finish, and can rely on their own personal observations.
The Reputation of the Witness
The opposing party is going to take the witness's reputation and credibility into consideration at trial. They're going to want to dig up any documented cases of dishonesty and might even attack your witness's character upright. This is why it's a good idea to get the contact information of several witnesses, so that your car accident attorney can filter and weed through your list to find someone who not only has a good reputation, but is also respected in the community.
You want to avoid calling anyone with a history of criminal activity to testify on your behalf. Your auto accident attorney will consider not only whether your witness has a criminal record, but also their line of work as well.
The Physical Condition of the Witness
Not only is the reputation of the witness you choose important, but so is their physical condition, as your witness's ability might also be called into question by the opposing party. Your witness should have good eyesight, hearing, and memory. Your attorney will need to take into account whether the witness wears corrective glasses or prescription contact lenses. If they do, they must consider the visual acuity of the witness.
The witness's ability to remember events correctly is also important. As your witness might not be willing to share and divulge any medical information, your attorney will need to see if they can dig up any information on public record. They will also want to question and speak with the witness several times in order to determine whether the witness can be easily confused or whether they will stick to the same story time and time again.
Conclusion
Having a witness testify on your behalf can be the smoking gun that you need to not only win your case, but also negotiate a reasonable settlement with the opposing party. Witness testimony can be all that you need to win a case at times provided that you find a reliable and credible witness.
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Share16 January 2017
Getting hurt while on the job can leave you in pain and without an income for some time afterward, but that doesn't mean that you have to start going to the food banks to make ends meet. Working with a lawyer to file a personal injury case (if the injury was due to neglect by another party) is a great way to get compensation you deserve for lost work, and to get your medical bills paid so you don't have to pay out of pocket for high deductibles. This website was built with love to provide you with up-to-date information you can use when working with a lawyer, filing paperwork, and dealing with all of the hoops and red tape of your personal injury case. Hopefully you can find the support you need right here.