The Role of Witnesses in Car Accident Claims

car accident witness role

The important role a witness plays in a car accident can’t be overstated.

A car accident can happen in a flash, and in the noise and confusion, the details of what happened may get lost as your adrenaline spikes. Whether or not you experienced a head injury, your memory may be clouded by the shock of the accident.

This isn’t to say that what you saw or remembered wasn’t true, but memory of details of surrounding heightened events isn’t always accurate. Insurance companies will prey upon your misremembered details and will often try to get you to change up your story or contradict yourself, thereby giving them broader grounds to deny your claim. Because of this, it’s important to be able to call upon witnesses so they can strengthen your personal injury claim.

Our lawyers at Pastrana & García Injury Law are skilled at assisting in the recovery of damages from car accidents. We have decades of experience to share, including how you can help yourself legally after an accident by engaging witnesses.

Who Can Be a Witness?

A witness is someone who can add weight to your claim and corroborate events. Anyone who saw or heard the car accident can be a witness, including:

  • Passengers in your car or the other driver’s car
  • Pedestrians or bicyclists on the street where the accident happened
  • Drivers or passengers from other cars not involved in the accident
  • First responders, such as policemen, firemen, or medics, who arrived at the scene

Different Types of Witnesses and What They Can Do for You

There are several categories of witnesses when it comes to a car accident.

First-Person Witnesses

These are those who were directly involved in the car crash and are therefore invested in the outcome. This may include passengers or pedestrians involved in the accident. While they can help corroborate your story, their testimony may be seen as biased due to their closeness to the case.

Third-Person Witnesses

Third-person witnesses are people who saw the accident but are not directly involved. They may have been on the sidewalk or watching from a window above the street where the accident occurred. They may have the advantage of seeing part of the event that you did not. Their testimony is essential to your case, as they are neutral in its outcome.

Finding third-person witnesses may also be helpful when looking for video footage or pictures. Gathering multiple shots from various angles can help to add to your version of events and show the accident in its full light.

Expert Witnesses

Another type of witness is one who wasn’t at the scene of the accident but who has expert knowledge on a particular aspect of your accident. An expert witness can add their testimony to a claim to give it weight from their extensive study surrounding the subject. Expert witnesses may include:

  • Medical experts who can substantiate the extent of your injuries.
  • Forensic experts will be able to provide testimony on alcohol content levels in a drunk driving accident.
  • Vocational experts can estimate the length of time it will take for you to heal from your injuries and return to work.
  • Accident reconstructionists are specifically trained to analyze an accident and recreate the sequence of events.

It’s a good idea to have a range of witnesses. Being able to call upon neutral and expert witnesses, in particular, can greatly benefit a personal injury claim. Our lawyers are able to help you determine who will be a beneficial witness on your side.

How Evidence Supports Witnesses

Witnesses support the evidence of your injuries, but the evidence that witnesses can provide also supports their own credibility. This is why pictures and video are great pieces of evidence to corroborate a witness statement and why it’s essential to reach out to as many bystanders as possible to get this information.

Steps to Secure Witnesses After an Accident

While you may be disoriented from the crash, it’s crucial that you take certain steps post-accident to help you build your personal injury claim.

Collect Information at the Scene

One of the best steps you can take after a car accident is to take down bystander information at the scene. If people witnessed the accident, ask them for their:

  • Name
  • Home and work address
  • Home and work telephone number
  • Email address
  • Any video footage or pictures they took of the accident
  • If the witness was a driver, ask if they have dashboard camera footage

Also, make sure to ask the person what they saw or heard. Write down this information and keep it in a safe place. By taking a few extra minutes to talk to people present, you can have the information you need to reach out to them easily during your personal injury claim.

Speak with the Police

If the police arrive, they will ask you about the accident. Give them the facts, and if applicable, ask them where you can request a copy of traffic camera footage.

See a Doctor

It’s not only essential for your health. Doctors can be called as expert witnesses, and the medical records they provide on your injuries can help your claim.

How to Find Witnesses for Your Personal Injury Claim

It’s not always possible to stay at the scene of a car accident. While the law dictates that you need to stay at an accident scene until police arrive, you may have to immediately go to the hospital, for example. If you leave the scene of an accident without getting bystander information, you can still find witnesses.

  • Check social media. Many people post about their day or events that occur on social media, and you may happen to find someone who mentioned being at the scene of a car accident.
  • Ask for camera footage from the police department. You may be able to recognize witnesses from there or find those people on social media.
  • Ask the neighbors. If the accident happened near a house or apartment, you can ask residents if they were witnesses to the crash and if they have any information or photos.

It’s important to find and contact witnesses as soon as possible after an accident so the events are still fresh in their minds and in yours.

How Can a Lawyer Help with Witnesses

Finding witnesses and gathering witness statements is a lot of work. When you have a legal team on your side, they can assist in the discovery and collection of witnesses and their statements. A seasoned lawyer will know the right questions to ask a witness and will also be able to prepare a witness’s testimony in case the claim goes to court. At Pastrana & García Injury Law, our years of experience give us the ability to elicit important information from witnesses.

Reach Out to Pastrana & García Injury Law Today

Car accidents can be confusing and disorienting events that leave you reeling for months after. Our lawyers are here to help you take action and file a personal injury claim to recover damages. We are compassionate to your situation and will fight for your compensation. We can do the legwork of finding and collecting information from witnesses. Contact our offices today at 512-474-4487 or send us a message online.

If you are injured in an accident in Austin, do not hesitate to contact Pastrana & García Law Firm.

    How Can We Help You?

    One of our advisers will contact you.