If you are involved in a car accident, you may document statements from witnesses nearby. To write a witness testimony, you will need to include the necessary information that may help narrate how the crash happened and what caused it, such as:
- the witness’ contact information,
- description of the accident, and
- the condition of the witness that may affect their ability to remember.
Read on to learn how to document witness testimony if you are involved in a car accident in California due to someone else’s negligence.
What Is Witness Testimony?
One of the most frequent questions victims ask when dealing with car accident claims is, “What is witness testimony?” Witness testimony is vital key evidence that may help prove trial cases. This can be oral or written evidence from eyewitnesses to a crash.
Eyewitnesses are the individuals who observed, heard, or saw the occurrence of an accident and had significant knowledge about the crash itself or the identity of the at-fault party.
Responding police officers gather witness testimony if bystanders are nearby the accident scene. However, individuals involved in an accident may also gather witnesses’ contact information and statements to support their cases.
Are Witness Testimonies Important in Car Accident Claims?
One of the most crucial pieces of evidence in a car accident claim is witness testimony. Statements from witnesses can help narrate the following:
- how the accident happened,
- what occurred before the crash,
- what happened after the accident,
- the necessary details of the collision, such as the type of vehicles involved and their plate numbers, and
- the physical appearance of the drivers involved (in case the at-fault party flees the accident scene).
If a negligent driver hits you, you may gather statements from witnesses to the crash. However, there are cases where the at-fault party’s insurance provider tries to discredit the witness testimony by arguing that it may be biased since you took it.
To avoid this, you must collect the witness’ contact details and let your accident attorney gather their statement.
Can I Use Witness Testimony in Court?
Testimonies are usually used in court to shed light on how the accident happened and what or who caused it. In personal injury cases, there are two types of witnesses in court who can help support a claim, namely:
Lay Witness
The most common type of witness testimony in court is a lay witness. A lay witness is a bystander who witnesses specific incidents and verbally narrates what they saw.
According to Federal Rule 601, anyone can provide testimony about an accident. However, the court will initially determine if the witness is competent to provide statements and details about the accident that may help develop the case.
Expert Witness
An expert witness is an individual who has specialized expertise and knowledge in an area of study. They only provide testimony about their unique area of expertise. Expert witnesses in trials can help in the following:
- Determine the worth of a case;
- Develop claims, counterclaims, and defenses;
- Draft discovery requests and responses;
- Review the necessary documents related to the case;
- Confront and respond to opposing experts;
- Develop and refine the case strategy;
- Identify, assess, and compute the damages;
- Assist the factfinder through trial testimony.
In personal injury cases, expert witnesses can be the following:
- medical practitioner,
- psychologists, psychiatrists, or any mental health expert,
- Investigators,
- engineers,
- maintenance personnel,
- experts in accident reconstruction, and others.
How To Document Witness Testimonies for Car Accidents in California
If a negligent driver hits you, you must have sufficient evidence, such as witness testimony, to prove your car accident claim. When collecting witness statements, you must have the following necessary details:
Contact information for the witness
It is essential to gather the witness’ contact details to verify their testimony in the future. This will also help prove the statement in case the insurance provider tries to devalue the testimony.
Gather the following details when collecting information about the witness:
- their full name,
- their phone number and email address, and
- residential address.
Description of the Accident
When documenting a testimony, make sure to include a description of the accident, such as:
- what happened before the accident,
- how the crash occurred,
- what happened after the collision,
- types of vehicles involved,
- the physical appearance of the drivers involved,
- property damages or injuries of the victims,
- time, date, and location of the accident,
- weather and road conditions during the crash, and
- traffic condition of the area.
Condition of the Witness
The witness’s condition during the accident may affect their ability to remember things. This is why it is essential to take note of their state when giving their statements.
These questions will help you understand and note the witness’s condition:
- What were they doing during the collision?
- What caught their attention?
- Were they physically injured due to the crash?
- Are they emotionally attached to the individuals involved in the collision?
- Do they have a mental condition that may affect their memory ability?
While anyone can be a witness, it is best to determine the witness’ condition to avoid having biased or inaccurate statements.
Remember that you should not influence the witness’s statement by prompting leading questions. This may provide a biased description of how the accident occurred. Additionally, you should disregard the assumptions of the witness.
What Happens if There Are Different Perspectives in Witness Testimonies?
In most car accidents, several bystanders may witness how the accident occurred. If witness testimonies have different perspectives, accident lawyers will still make sense of these statements and find the common denominator that may help support your car accident claim.
However, if the testimonies are unreliable, other pieces of evidence may help support your claim, such as:
- photos of the accident,
- CCTV or surveillance footage,
- police report,
- doctor’s diagnosis of your injuries, and
- vehicle repair or replacement costs.
This is why you must never forget to gather all the possible pieces of evidence, such as the contact information of the witnesses nearby, to assist in proving your case.
What are the Challenges of Using Witness Testimony as Evidence?
There are several challenges when using witness testimony in court. There are instances when the statements become unreliable due to the following reasons:
Misinformation
Misinformation occurs when misleading information is introduced to an eyewitness after the event. This usually happens when an interviewer poses leading questions that suggest a particular answer.
For instance, an individual may change a simple detail when asking, such as “Did the vehicle halt at the stop sign?” when the sign was a yield sign.
Confirmation Bias
Confirmation bias happens when the memory of a witness is influenced and distorted by their pre-existing expectations. This usually occurs when identifying the culprit of the accident.
False Memory
False memories in witness testimony, refer to a memory of an incident that the witness believes to be accurate but is, in fact, wrong.
This sometimes happens when bystanders discuss the car accident after it happens. Since they have different perspectives on the crash, one piece of information from another individual will likely affect how others see the accident.
How Can a Lawyer Help in Documenting Witness Testimonies?
You may encounter specific challenges when using witness testimony as evidence for your car accident claim. As mentioned, there are instances when insurance providers discredit the witness statement, especially if you took it.
A California personal injury lawyer can use that testimony to your advantage by interviewing eyewitnesses and verifying the facts of your case. They also work with investigators to gather the necessary evidence to support your claim.
Accident attorneys do the following to win your car accident claim:
- Collect sufficient evidence.
- Prove liability.
- Communicate with the insurance provider.
- Calculate the total damage.
- Defend your case in a trial if necessary.
Jacoby & Meyers has experienced personal injury lawyers with expertise in car accident claims in California. We help our clients attain the recovery and compensation they deserve by providing outstanding quality service. Contact us at 800-500-0000 for a free consultation.
Jacoby and Meyers. Because You Deserve Justice.
Call or text 888-522-6291 or complete a Free Case Evaluation form
