The Importance of Eyewitness Testimonies in Car Accident Cases

After getting injured in a car accident, establishing that the other driver was at fault for the crash is a key part of recovering compensation for your injuries. Various types of evidence can help with this, including traffic camera footage, photographs of the accident scene, and expert testimony.

However, another important type of evidence is eyewitness testimony. Often, traffic cameras don’t capture the accident, photographs don’t tell the whole story, and experts base their opinions on incomplete data. A car accident witness’s testimony can provide an unbiased account of how the incident unfolded.

How Eyewitnesses Can Strengthen Your Claim

Something to remember about eyewitnesses is that their memories aren’t infallible. So, are eyewitnesses’ statements considered evidence if their recollection of the accident may be skewed?

Yes, eyewitness statements are evidence. However, they serve as supporting evidence rather than direct evidence. Direct evidence would be a video showing how the crash occurred. An eyewitness statement can corroborate your story and provide additional context for the direct evidence.

For example, let’s say that someone rear-ended you, and they claim that you reversed into them. Without video of the incident, this case could turn into a he-said, she-said situation. However, if another motorist or pedestrian witnessed the accident, they can provide an objective account of what happened, which can help to clear up any confusion.

Another example is if a traffic camera captures the crash, but none of the events leading up to it. From the video alone, it may be difficult to determine if the other driver was at fault or if other factors contributed to the accident. However, an eyewitness can provide testimony stating that they saw the other driver texting right before the crash, making it more clear that they were at fault.

Who Can Be a Witness in an Alabama Car Accident Claim?

One vital question many car accident victims have is, “Who can be a witness to a car accident?” The answer is simple: anyone other than the plaintiff or defendant who saw the accident can be a witness.

Other motorists, pedestrians, passengers, and sometimes even the police can be witnesses in a car accident case. Typically, police witnesses are slightly different because they witness the aftermath of the accident, not the accident itself. But anyone else who saw the accident happen can be an eyewitness.

In many cases, that means multiple people could provide eyewitness testimony to help your claim. And, in general, the more eyewitnesses you have, the better. If one witness testifies about your case, the defendant’s attorney may be able to discredit them. However, if multiple witnesses recall the same version of events, the defendant’s attorney will have a tough time arguing that they’re all mistaken.

How Eyewitness Testimonies Influence Court Decisions in Car Accident Cases

Traffic cameras are great for capturing accidents but are often only present at intersections and on highways. Many crashes happen out of sight of these cameras. However, most accidents happen where there are other drivers and pedestrians around. This means eyewitness testimony is often readily available.

If more than one eyewitness saw the accident, all their testimony could play a critical role in your case. For example, it can help establish that the other driver was entirely at fault for the accident that harmed you.

Alabama has a contributory negligence law that prevents an injured party from recovering compensation if they are even one percent at fault for the accident. If your eyewitnesses can help establish that the other driver was entirely at fault for the collision, that can protect your right to seek compensation for your injuries.

Why It’s Beneficial to Exchange Information with Eyewitnesses Right After the Accident

When possible, you should always obtain the names and contact information of anyone who witnessed the accident. Many people who see an accident may be willing to be witnesses. If there are potential witnesses to your accident, you should get their information before they leave the scene.

You don’t need to get their statements at this point. Getting their name and contact information is enough, as your attorney will follow up with them. If your injuries prevent you from gathering witness information, you can either have someone else do it or your attorney can seek out witnesses after the fact.

Strategies for Gathering Effective Eyewitness Testimonies After a Car Accident

The best way to gather eyewitness testimony for your car accident case is to talk to people directly after the accident. This is when they’re most likely to agree to be a witness in your case. However, this isn’t always possible because of the injuries you suffered.

When you can’t gather eyewitness contact information after the accident, there are a few strategies your car accident attorney in Opelika can use to find witnesses:

• Police Reports – Typically, police incident reports will include the names and contact information of the witnesses the responding officers spoke to at the scene. Your attorney can use these reports to identify witnesses and follow up with them from there.
• Traffic or Security Camera Footage – If traffic or security camera footage captured the accident, it may have also captured witnesses. While more challenging than using police reports, your attorney may be able to track down witnesses seen in these videos.
• Nearby Businesses – If the accident occurred outside of a business, your attorney can ask the employees if they saw the accident happen or even the aftermath of the accident.

Contact Our Alabama Car Accident Attorneys for Help

Eyewitness testimony can be vital evidence in your car accident injury case. It can help establish who was at fault for the accident and protect your right to recover compensation for injuries caused by the other party.

If you suffered an injury in an Alabama car accident caused by someone else, contact Stokes Stemle for a free consultation with one of our experienced attorneys. We’ll review your case, explain your legal options, identify potential witnesses, and collect their testimony.