A credible witness can make or break your car accident claim.
The question of who was at fault is critical in every motor vehicle accident case. Each party involved in the accident will have their own—usually self-serving—version of what happened. If you are found partly or wholly at fault for the accident, it will have a negative impact on the financial compensation you receive.
Eyewitnesses can provide unbiased evidence that is vital to establishing how the accident occurred and who was at fault. A witness who gives evidence that supports your version of events can be the key to winning your case and maximizing your personal injury damages.
Types of witness evidence
Anyone who was involved in the accident or who saw the accident can be a witness in your insurance claim or personal injury lawsuit.
You, the other driver, and any passengers in your respective vehicles can provide evidence (“first-party witnesses”). First party witnesses are important, but they aren’t typically neutral. You and the other driver have a financial interest in the outcome of the case. Passengers may as well if they make their own personal injury claim. Passengers may also be invested in the outcome of the case because they are a friend, family member, co-worker, etc. of the vehicle driver.
Independent “third party witnesses” are people who happened to be at the scene of the accident, such as other drivers, pedestrians, cyclists, or people in nearby homes or businesses. Evidence from these types of witnesses tends to carry more weight than evidence from a first party witness. An independent third party witness has no stake in the outcome of the case and no personal connection to anyone involved in the vehicle accident, which boosts their credibility.
There is a third type of witness—an expert witness. An expert witness is one with special training and experience, such as an accident reconstruction engineer, who can review the evidence and provide their professional opinion on key issues (how the accident happened, vehicle speed, etc.). Lay witnesses such as a vehicle passenger or eyewitness are only allowed to testify about what they saw or heard firsthand; they are not allowed to provide their opinion about who was at fault. If you are considering hiring an expert, reach out to a Barrie motor vehicle accident lawyer at our personal injury law firm for advice and assistance finding a qualified expert.
How to gather witness evidence
The easiest way to locate potential witnesses is to talk to people at the scene in the immediate aftermath of the accident. Write down their full names, contact information, and if possible, get a brief statement of what they say they saw or heard. As soon as possible after the accident, you can then reach out to a Barrie car accident lawyer at our firm. We will obtain formal written statements from any witnesses while their memories are still fresh.
Of course, you may not be physically capable of finding eyewitnesses. You or others may be seriously injured, making gathering witness information impossible, or at least not the priority at the moment. Don’t despair if that is the case—contact us. Our Barrie car accident lawyers are skilled at tracking down potential witnesses and securing crucial evidence. The police report can be an excellent source, as can dash cams or nearby surveillance cameras that captured the collision. We can also work with investigators to track down witnesses and get formal statements.
Reach Out to A Car Accident Lawyer in Barrie
Barrie motor vehicle accident lawyers at Littlejohn Barristers are here to help if you have been injured in a car, truck, cycling, or pedestrian accident. We are a dedicated team of professionals with over 30 years of combined experience.
We can help you through all aspects of the motor vehicle claims process, including collecting witness evidence and advocating on your behalf for maximum out-of-court settlement. If the insurance company is being unreasonable, we will represent you in court to get the best possible outcome in your case.
Contact us today at 705-725-7355 to set up a free, no obligation consultation with a Barrie car accident lawyer. Collingwood, Midland, Orillia, and Innisfil clients are also served from our Barrie office.