When a personal injury claim is started the question of who is responsible for the accident is always at the forefront, and if there is no footage of the accident scene then the claim can turn into a he said she said situation. This can be remedied with the use of a witness who saw the accident occur. Witnesses are the unsung heroes of an injury case and the Salt Lake City personal injury attorneys at LifeLaw aim to explain why they are so instrumental in a case. In this article we will delve into how a witness statement changes a case, as well as the importance of giving a witness statement if you see an accident occur.
Understanding Witness Statements
A witness statement is either a written or verbal account of the events of the accident by someone who saw or had heard the accident occur. These statements are typically collected by police who arrive at the scene or by the people who caused the accident, and are gathered shortly after the accident to ensure that the details are still fresh in the witness’s memory. A witness is anyone who is present at the scene and saw the accident occur, such as a pedestrian, other drivers, a passenger in a vehicle, or any other bystanders who may have seen the accident occur.
How Witness Statements Help Establish Liability
Providing an Unbiased Perspective:
The people who are directly involved in the accident have their own motives when giving a statement to a police, this can lead to contradicting stories of how an accident may have occurred. A witness who was not directly involved in the accident is able to give an impartial view of what happened. These accounts usually have no bias and can be incredibly helpful when setting a sequence of events and either supporting or contradicting the statements of the parties who were involved in the accident.
Corroborating Evidence:
A witness statement can also help to corroborate other pieces of evidence. Their statement is able to help back up a police report, physical evidence from the scene, as well as expert testimonies. When multiple sources of evidence align, it can help strengthen a case and help to establish a clear narrative of the incident.
Detailing the Circumstances of the Accident:
An accident is incredibly stressful, and the majority of times the people who are a part of the accident might forget or overlook crucial details of what happened. A witness can help to provide these details, in a car accident for example, they may notice the traffic signals, weather conditions, road hazards, or the behavior of all the parties that were involved before, during, and after the accident.
Disputing False Claims:
In some cases, the involved parties may provide conflicting accounts of the accidents, claiming that the other party caused the accident. This constant battle of who is at fault can heavily slow down the claims process, and a witness is able to help resolve these discrepancies. An independent account of the event can be critical in disproving a false claim and ensuring that the responsible party is held accountable for the damages that they created.
The Process of Giving a Witness Statement
If you find yourself witnessing an accident, it is important that you recognize the value of what you saw. Our Salt Lake City personal injury lawyers recommend taking the following steps in giving a witness statement:
- Contacting Authorities: Immediately after you witness an accident, make sure that you call the authorities. When the police arrive at the scene they will take statements from the people involved in the accident as well as any other witnesses and place them into their official results.
- Provide a Detailed Recollection: When you are providing your statement try to be as detailed as possible. If you can remember, include the time the accident occurred, the location of the crash, and the actions of all of the parties who were involved. If you happen to take any notes about the crash or have taken any photos from the scene make sure to share these with the authorities as well.
- Remaining Available for Follow Up: You might be contacted by the people who were involved in the accident or their insurance company for further details. We would recommend taking a few notes on what you saw from the accident to keep your account of the accident consistent. When these requests arise make sure to cooperate as your continued assistance can be pivotal in the investigation.
- Testifying in Court: If the case ends up going to court, you may be contacted to share your statement and testify in court. Your verbal testimony is able to help reinforce your written statement and provide additional context to the judge and the jury in the courtroom.
The Impact of Witness Statements on Personal Injury Cases
Witness statements can significantly influence the outcome of personal injury cases. Here’s how:
Strengthening a Plaintiff’s Case: For the injured party, proving the defendant’s negligence is key in securing a settlement. A strong witness statement can help prove their negligence, and thereby help increase the chances of a favorable settlement or court verdict.
Facilitating Settlements: A clear and concise statement on how the accident occurs can sometimes encourage both parties that settling is in their best interest. This can lead to saving time, lessened legal fees, and the no emotional toll from a prolonged legal battle.
Aiding In Fair Compensation: Accurate witness statements can ensure that the injured party received fair compensation for their medical expenses, lost wages, and pain and suffering.
Witnesses are one of the unsung heroes in a personal injury case, and their statements can be indispensable. An unbiased, detailed account of the accident can help to clarify liability and support the injured party’s claims, making their case much stronger. The Salt Lake City personal injury lawyers at LifeLaw strongly encourage you to be a witness if you see an accident occur. As a witness you can make a difference, and help to ensure that justice is served.
If you or someone you know has been injured in an accident and you are not sure what to do next, reach out to the best personal injury lawyers in Salt Lake City at LifeLaw Personal Injury. Our team of personal injury lawyers are here to help you through every step of the process and will make sure that you get the settlement you deserve. Let our team fret over every detail so you can focus on what is really important, your recovery. If you or someone you know has been injured, call us today for a free consultation and to discuss your options further. Here at LifeLaw we value you, we value life.