When it comes to car accidents, quite often no one wants to take the blame. Each driver believes that the other driver is at fault, and then you become trapped in a game of “he said, she said.” Judges often have a difficult time getting to the truth of what actually happened in the accident, as both drivers are biased and believe they are innocent. Because of this, those who are not to blame could be wrongly implicated and not receive the justice they deserve.
Having the Right Witnesses Can Help You Win Your Case
One way for the court to receive an unbiased and accurate description of what occurred during an accident is with the help of witnesses. As the name implies, witnesses see the accidents take place, and can give detailed and unbiased accounts of what occurred. Witnesses who are willing to testify about what they saw in a crash can benefit a victim greatly, provided they are the appropriate types of witnesses. Without witnesses, victims run the risk of having biomechanical experts ruin their cases by inaccurately determining what happened before the accident took place.
Witness credibility is a huge factor when determining who was at fault in an accident. The witness’s testimony won’t be taken seriously if a jury or judge doesn’t believe he is credible. It is challenging to prove a witness’s credibility, especially because they aren’t fully paying attention to the events that occur both during and before the accident. For example, people who witness accidents aren’t typically evaluating the vehicle placement or events preceding the accident; they often only pay attention at the moment they see or hear the crash, meaning they don’t know what lead up to the actual collision.
Additionally, accidents can occur in a matter of seconds. Paying attention to every single detail in such a short amount of time is difficult, and it is only after the accident that witnesses really attempt to try to put the pieces together and figure out what happened.
Factors That Affect Witness Credibility
Judges, juries, and opposing lawyers consider a variety of factors when determining witness credibility. Some have to do with the location and events that led up to the accident, including whether the witness
- actually observed the entire accident from start to finish, or if he only saw what happened from the time the collision took place.
- was distracted by a crying baby or by walking a dog when the accident took place.
- was relying only on personal observations or by what other accident witnesses described.
- was driving a car during the accident and was focused on preventing involvement, instead of watching what was happening or if the witness was walking nearby and saw the events unfold from a safe distance.
- had the opportunity to observe the involved vehicles long enough beforehand to determine if they were speeding or otherwise acting recklessly.
Witnesses are also judged on the credibility of their character and their physical limitations. Other factors about the witness that can come into play include:
- Felony convictions
- Reputation of dishonesty
- Poor eyesight
- Personal gain from a particular outcome
- Confusion or poor memory
- Intoxication or other impairment
The Perfect Witness for Your Accident
Attempting to find the perfect witness for your accident can be difficult and not always possible. However, having one on your side can increase your chances of getting the outcome you want and deserve. Attempt to speak with anyone who saw the accident take place, and try to obtain his or her personal information so that he or she can be contacted later on.
With the help of a skilled attorney, you may be able to find a credible witness who can provide compelling testimony, and get you the outcome you deserve. The legal team of Wayne Wright may be able to help. Schedule your free consultation with us and speak with an attorney about your situation by calling 800-237-3334.