Very few car accidents are caught on video. Although dashboard cameras continue to increase in popularity, most accident cases involve competing memories of what happened. Both drivers point the finger at each other and swear they were personally driving carefully.
At The Stano Law Firm, we understand the important role witnesses play in most car accidents. A good witness can back up our client’s story, helping to prove they are the real victim. Call our office to discuss who can serve as an effective witness. We can also discuss what other pieces of evidence are essential to a claim and begin the process of seeking compensation.
Who Can Serve as a Witness?
Anyone who observed the crash first-hand is a witness. They must have observed the accident. Someone who heard what happened second-hand is not a good witness and probably cannot testify in court.
Most car accident witnesses include:
- Passengers in the vehicles involved. Whoever is in your car is a witness.
- Other motorists on the road. They need to stop, however, for us to identify them.
- Pedestrians and bystanders. Some accidents happen near businesses, where there could be dozens of people.
- People sitting in nearby restaurants or shopping in stores. Someone might see the accident through a plate glass window.
Many motorists will stop after a crash, and everyone gets out of the vehicle to check if you are okay. This is the perfect time to talk to a witness because some of them will get back in the car and drive away before you find out their name.
The Role of Eyewitnesses in Car Accident Cases
Witnesses can provide their perspective on what happened. For example, in an intersection accident, a key question is who is at fault. One motorist probably ran a red light, which is why the cars collided inside the intersection. Unfortunately, both drivers claim they had a green light, which is impossible. How are we supposed to determine who is telling the truth? Most people turn to the witnesses for information.
A witness can identify what other mistakes a driver made. For example, a motorist might have cut off another driver, drifted over the median, or backed up by going too fast. These mistakes could make the motorist liable, but they could lie and claim they drove safely. A witness will support your version of events.
Witnesses are also helpful at describing the actions of each driver following a crash. Suppose one driver was fatigued and nodded off for a split second, which caused them to veer into oncoming traffic. A witness can testify they saw the driver nod off on the grass while waiting for the police, or they yawned loudly while exiting the vehicle. This type of testimony can help form the foundation of a claim.
Preserving Witness Testimony
If possible, accident victims should talk to anyone who stops by the accident scene and ask what they observed. Ideally, you can ask them for name and contact information, which will allow a lawyer to follow up with the witness.
If you are too hurt, then the responding police officer hopefully spoke to witnesses. Check the police report for their name and contact information. If witnesses are not listed in the police report, then it will be harder to find someone. Your attorney might stop by a business and ask the staff who was on duty at the time of the wreck. They could have seen something.
Unfortunately, the reality is that some witnesses will disappear without a trace. By necessity, your case will rest on other pieces of evidence, including the defendant’s statements and your own memories.
Our Houston Auto Accident Lawyers Can Talk to Witnesses
The real risk is that a witness will disappear. Even if you get their name, they could live in a different state or not have social media accounts, so they are hard to contact. By involving a Houston car accident lawyer, you can help document and preserve their testimony.
We usually reach out to a witness and ask if they can come into our office or provide a detailed description of what happened over the phone. We also try to memorialize their statements for future use in the case.
Call The Stano Law Firm today. We have negotiated many favorable settlements for car accident clients who have suffered a range of injuries. Whether witnesses stopped or fled the scene, we can pull together the different threads necessary to bring a strong injury claim. Contact us at 832-777-0390 to talk with an attorney.