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Should I Get Testimony From Witnesses in My Car Accident?

Should I Get Testimony From Witnesses in My Car Accident

Have you been involved in a car accident that resulted in injury? Our law firm wants to work with you. We help victims get the compensation they deserve and answer the questions they need moving forward in their car accident claim such as “Should I Get Testimony From Witnesses in My Car Accident?” NOLO shares important information about using witnesses in your case below:

The Importance of Witnesses

When a car accident claim is presented to an insurance company, one of the first questions an insurance adjuster wants answered is, “Were there any witnesses besides the drivers?” This is because an adjuster knows that each driver will usually have a competing version of the accident. Often there are discrepancies or conflicts between the accounts of the two drivers. The insurance adjuster will often decide which version of the event is more accurate based on which version is supported by the testimony of any third party witnesses.

Are All Witnesses Credible?

Even if a third party witness did observe the car accident, the witness’ testimony is helpful only if that person is credible. There are many reasons for this.

Typically, persons who see a car accident are not attempting at that moment to take a mental inventory of the placement and movement of the vehicles for future reference. Rather — and especially if they are driving a vehicle that is in close proximity to those involved in the accident — some witnesses are appropriately concerned about their own safety and are trying their best to avoid getting caught in the crash.

Events move very quickly during a car accident, including everything from speeding vehicles to cars that suddenly run red lights. Split-second reactions are required by everyone involved in order to safely respond to these events. It is only when the accident is over do people then try to piece together what they just observed. So, a third party’s observations are sometimes unreliable.

What Factors Affect Credibility?

Determining the credibility of a witness depends on many factors. Some of those have to do with the location and viewpoint of the witness in relation to the car accident:

  • Was the witness driving a car, and therefore focused on avoiding the accident? Or was the witness a nearby pedestrian on a sidewalk, watching the accident unfold from a safe distance?
  • Did the witness actually observe the accident from start to finish? Or was the witness’ attention drawn to the accident at the sound of the first vehicle impact?
  • Did the witness have the opportunity to observe a car for a sufficient period to determine whether the car was speeding?
  • Was the witness distracted because of walking the dog or attending to a crying baby?
  • Is the witness relying only on personal observations? Or is the witness also relying on observations another person may have shared?

Other factors have to do with the witness’ character:

  • Is the witness a convicted felon?
  • Does the witness have a reputation for dishonesty?
  • Does the witness have an interest in the outcome of the claim? For example, is the witness a friend or family member of one of the drivers?

Still other factors involve the witness’ physical condition:

  • Does the witness have poor eyesight or hearing?
  • If the witness has poor eyesight, was the witness wearing the prescribed glasses or corrective lenses?
  • Was the witness intoxicated at the time of the observations?
  • Does the witness have a poor memory?
  • Is the witness easily confused?

 

Should I Get Testimony From Witnesses in My Car Accident?

The truth is, your car accident attorney will go over the details of your case and determine if they believe a witness can strengthen your claim to compensation. If so, they will move forward interviewing witnesses, if not they will build a case without testimony from a witness.

Spanish Speaking Car Accident Lawyer in Houston, Texas

Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.

Personal Injury Lawyer in Houston, Texas

If you or someone you love has been involved in a car accident and suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!

 

Beverly R Caruthers Law Office
Address: 4141 Southwest Fwy, Suite 620
Houston, TX 77027
(713) 526-9557
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