Witness a Car Accident? What now?

June 14, 2019

One of the most crucial pieces of evidence in a car accident case is often eye-witness testimony. Even when a driver admits fault at the scene, they often deny fault when they realize there are no witnesses. Most accidents end with each driver pointing their fingers at one another, claiming the other driver is at fault. This is why a third party’s testimony can be extremely crucial, and it’s important to collect witness contact information before they leave the scene. 

Sadly, many witnesses don’t want to get involved or don’t understand how important their testimony can be. 

I don’t want to be involved…

When the innocent driver involved in an accident doesn’t have strong evidence or an eye-witness, they often have to file a lawsuit. This can be stressful and costs the insurance companies and the judicial system more time and money. If a witness had come forward, the case might likely never reach the court. 

Can a passenger be a witness?

A witness to an accident doesn’t have to be an unrelated party. Witnesses include anyone who sees what happens when the accident occurs. These witnesses can include drivers, passengers, pedestrians, other motorists and anyone else. That said, if you are related to the driver, your testimony may not be as strong as witnesses who are unrelated. Whether a family member or passenger, it is a common belief that these witnesses will often side with the driver.  

Even unrelated witnesses whose stories are incomplete may be discredited. Therefore, it all comes down to the “credibility” of the witness. Ultimately, in these cases, it will be up to a jury to decide whether testimony is credible or not. Therefore, if you are involved in an accident, it’s important to hire an experienced attorney.

What should I do if I witness an accident?

When you witness a car accident, it’s important that you stay at the scene and speak to the investigating officer. If the police are not coming to the scene, simply write down your contact information for both drivers. 

You should only speak with the insurance companies or investigating officers about what you saw. This will prevent any confrontation with the drivers. If the drivers press you for your testimony, you may simply decline and offer to provide your testimony to their insurance or police. 

Your testimony could help an innocent driver and will help save everyone a great deal of time and money. And remember, you may need the help of a witness one day too.  If another driver injured you in an accident, you need an attorney who can help you gather key evidence and testimony. At Saladino & Schaaf, we have years of experience representing Kentuckians in car accident lawsuits. Complete our free online contact form or call (270) 444-0406 to today to schedule a free consultation.




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