Car accidents are very common. When a person is involved in such an accident, minor or major, he/she must take some steps, typically if injuries are involved. For instance, motorists should call 911 immediately to send an emergency medical officer, technicians, and police officer to the accident site. Motorists involved in the accident should urge you to click pictures so that the accident site and the weather conditions are clear.
Here, if you have a witness, your case becomes easier. A witness can state the course of events leading to the collision.
However, witness testimonies are not always credible enough for the jury or the judge. As a result, it could do more harm to the case than help. The claim may also be denied. You should choose an experienced and proficient Kent car accident lawyer to closely review the testimonies collected from witnesses, interview them personally, and determine if the testimony can add some value to your case.
Why Is Witness Testimony Important?
When a victim files a claim after an injury, the insurance provider reviews the claim and tries to find loopholes in the story of the victim. The idea is to deny any claim or simply offer a minimum amount for settlement. However, if there is a credible statement from a witness, it can provide clear insight into the accident and the fault of the driver.
A credible witness is an individual who is not involved in the accident, or personally related or connected to the driver or the victim. A witness also does not have any financial interest. In worst cases, if an attorney cannot find a compelling witness or proof, creating a credible twoness can be key evidence for a successful outcome.
If the accident case lands in the court, a credible witness can benefit in the following ways:
- If the testimony of a witness is inconsistent with the written statement, the lawyer of the injured party can refer to it as a piece of evidence that the witness turned hostile or changed the statement.
- Sometimes, even credible witnesses have trouble recalling important details of an accident. Witnesses may read the statement aloud or choose to remember the key details of the accident.
- If witnesses testify that the driver admitted fault, it becomes a compelling situation. In that case, the judge ruled in the victim’s favor.
Factors Affecting Credibility of Witness
The credibility of a witness depends on several factors, such as the relationship between the victim and the witness, criminal records of the witness (if any), and how did the witness see the accident. Some more examples include:
- Inconsistencies in the statement details
- Witness turns hostile during the recording of statement
- Witness engaged in other activities that prevent from giving a statement
- The vantage point of the witness makes it difficult to view the accident
- If the witness is a felony convict
- Confusion of the witness
- The distraction of the witness
Before speaking to the witness and preparing him/her, it is important to be calm. As the witness may also be under stress because of the accident, give the individual some time and avoid aggression. If the witness is ready to write down the incident, you are good to go.