What Role Do Witnesses Play in a Car Accident?
September 8, 2024In 2022, California experienced 143,476 injury crashes. Given the high number of crashes and injured persons, it is safe to say that motor vehicle accidents are far too frequent in the state. The events preceding an accident can be complex, involving various parties and acts that contributed to the crash.
Determining liability can be a daunting task when insurance adjusters, judges, and juries (persons who did not see the crash firsthand) must make an informed decision. That is why eyewitness testimony can be incredibly beneficial, shedding light on the series of events that transpired.
If you have recently been in a car crash, our Ventura car accident lawyers can help you gather the necessary evidence and credible eyewitness testimony to help you win your personal injury case.
Providing an Unbiased Perspective
A witness can provide an impartial account of the events leading up to an accident. Witnesses who are not passengers or drivers will hold more credibility since they were not directly involved in the collision. Eyewitness testimony may include what a bystander saw and heard.
Establishing Fault
Under Cal. Evid. Code §800, a lay witness is limited to providing their opinion on what occurred (as opposed to an expert witness who can provide specialized knowledge in examining the crash). A witness’s testimony must be based on his or her perception of events and will aid a judge or jury in returning a verdict.
An eyewitness may be able to illuminate which party is at fault for the collision. Eyewitnesses who can recount events in the same manner each time they testify, whether at a deposition or in court, will further solidify their credibility.
Resolving Disputes
If you and the other driver disagree on a certain aspect of the incident, an eyewitness’s testimony can help corroborate your version of events. For instance, if you testify that the other driver was speeding but the other driver denies it, an eyewitness may be able to back up your testimony. Better still, two or more eyewitnesses who recount the same version of events will significantly increase your likelihood of a successful case outcome.
Recounting Crucial Details
It is unrealistic to think that you will remember every moment of your accident. If you are having difficulty remembering the entirety of what happened, an eyewitness can fill in any memory gaps. Furthermore, an eyewitness may have a different angle on the event, allowing them to see things that you missed.
Providing Video Footage
These days, everybody seems to be glued to their phones. Besides seeing the accident, a witness may have caught the footage on a cellular phone. While witness testimony on its own can be powerful, a replay of the accident unfolding in real-time can speak volumes.
If you have been involved in an accident, it is important that you take down the names and contact information of any witnesses. In this way, these individuals can be contacted at a later time to testify and provide evidence if applicable.
Reach Out to Our Ventura Car Accident Lawyers Now
At Bamieh & De Smeth, we understand the financial and physical struggles that accompany a car crash. If you have been injured in a car accident, our dedicated team of attorneys is ready to help you recover the compensation that is rightfully yours. To schedule a free case evaluation with one of our Ventura car accident lawyers, contact us by phone or online.