Thousands of car accidents happen every day. Distracted driving, speeding, or blind spots are all culprits in these unforeseeable events that can leave civilians wounded or stressed about money.
Have you recently been involved in a car accident? You likely know of all the hoops you have to jump through to file a claim with your insurance, take time off work due to injury, dealing with the insurance hassle, and more.
If you are able to step out of the no-fault system and file a lawsuit, you’re probably also trying to collect all necessary evidence, such as a witness statement. In this article, the team at Frankl Kominsky Injury Lawyers will tell you everything you need to know about finding a witness statement for your case.
What Is a Car Accident Witness Statement?
A car witness statement is a piece of writing or testimony by a third party who saw the wreck happen and can explain what they saw. It can contain vital details and evidence that can be a very beneficial aspect to your case.
It can sometimes be difficult to obtain an objective statement if the only witnesses in the accident are both parties involved. It can become a “he said, she said” kind of deal where not much gets accomplished. Without an objective statement, you are forced to rely on other evidence to try and explain why you were not at fault.
A third-party witness statement can eliminate the subjectivity of a car accident case and provide accurate, detailed information as to who’s at fault for the accident if there is no video evidence to prove the accident. If your car accident case makes it to trial, you can have your witness sit on the stand and testify to what they saw at the scene of the wreck.
How Can a Witness Statement Benefit Your Case?
A witness statement can benefit your case for several reasons. We’ve discussed how it can accelerate the validity of your claim, but there are other reasons as to how witness statements are necessary for a case.
Since Florida uses a modified comparative rule where both parties in car accidents share the blame, a witness statement can greatly reduce the blame that’s on the plaintiff if the statement supports the other driver was at fault.
The modified comparative rule is still going to take effect in reducing the amount the plaintiff will receive in the end. If the witness statement reduces fault significantly, it can minimize how much is taken out of the plaintiff’s potential settlement.
The statement can also support the injuries that were attained during the accident if the witness saw what happened. Since medical records will be examined during the trial, the witness can attest to the fact that you succumbed to these injuries at the expense of the other driver’s negligence.
How To Find a Witness for Your Case
It can be difficult to find a witness for your case, given the circumstances. You likely won’t know anyone who was nearby, and if you’re being treated for medical care, you may not be fully conscious at the scene.
It might be worth checking out the video from a nearby business or traffic light to find someone who was nearby. Or, if you’re conscious at the scene of the crash and a good Samaritan volunteers assistance, you can obtain their contact information for later use.
Sometimes depending on location, business employees or people who saw the accident want to help by speaking to the police. It can be noted in a police record who gave a statement at the scene, so your lawyer might be able to obtain a name once they review the police report.
Questions That Might Be Asked Of Your Witness
When it comes to accepting the statement from the witness, there are certain factors to keep in mind when determining who is a good witness.
If your case goes to trial, the witness will be investigated for the following:
- Relationship to the plaintiff and defendant
- What they were doing at the scene of the crash
- Whether the witness saw the whole crash
- Whether they have any vision or medical impairments
- The witnesses’ reputation of honesty
- More relevant factors
The point of this investigation is to determine how honest the witness is and how much of the wreck they witnessed. If they did not see the whole wreck from start to finish or didn’t have time to understand what was going on fully, their statement might not be usable in court.
Questions will be asked of the witness by the defendant’s lawyer to throw off the validity of the claim to paint the picture that the witness didn’t see what they thought they saw. Once the deposition of the witness starts, they will be asked to give a detailed description of what they saw at the crash and who they saw the responsible party was. If there is more than one witness who can testify, the claim will be even stronger.
Can’t Find a Witness? A Lawyer Can Help
Sometimes it can feel impossible to find a witness. During the accident, you will likely be stunned and dealing with overwhelming emotions. How are you supposed to know who was around to see the wreck happen?
Hiring a Pompano Beach Car Accident Lawyer can help your case. It is your lawyer’s duty to search through evidence and find someone who can possibly be your witness for your claim. A lawyer is responsible for collecting evidence such as photos and video that can show someone nearby at the scene.
Even if you can’t find a witness for your case, it is still a great investment to seek the help of a Pompano Beach Car Accident Lawyer. Lawyers have the necessary skills and expertise that a person needs for a chance at a successful outcome. For instance, negotiation tactics. When you speak to your insurance policy or the defendant after filing a claim, your lawyer will know how to negotiate with them to help you seek a fairer outcome.
It is also your lawyer’s job to handle the majority of your case for you. Therefore, they will still ask you questions and keep you in the loop of what’s going on, but as far as doing all of the critical legal work, that’s where your lawyer comes in.
Ready to seek extra compensation? Contact Frankl Kominsky Injury Lawyers today.
Seek Legal Assistance Today
Finding help for your car accident case is half the battle, but Frankl Kominsky Injury Lawyers are here to help.
If you want to work with the best of the best in the Pompano Beach, Florida, area contact our firm today to set up an appointment. We have four decades worth of experience fighting the tedious car accident battles in Florida.
Our attorneys know how to find evidence and car accident witness statements to validate your claim further. A witness statement only adds more to the truth that you suffered wrongly at someone else’s negligent act, and you may deserve extra compensation.
Ready to work with an exceptional Pompano Beach Car Accident Lawyer? Call our firm at (561) 800-8000 or leave your information in our free case evaluation form today to set up an appointment.
We look forward to hearing from you.