Car Accident Evidence Can Include Witness Statements

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Car Accident Evidence Can Include Witness Statements

Key Points of This Article:

  • After a car accident occurs, it’s imperative to collect all the evidence available so that car accident victims can receive the compensation they deserve.
  • A witness statement can be a powerful form of evidence that includes any facts that may help determine the cause of an auto accident, who was involved, contributing crash factors, and what the damages are.
  • Police may collect witness statements when arriving at the scene, but so can the involved parties. A witness’s observations can be put into a written or recorded account to help evaluate the evidence and negotiate a case resolution when a crash occurs.
  • A Kentucky car accident attorney can help identify witnesses, gather statements, and decide if a witness’s statement can support and present the best possible car accident case.

Identify Witnesses and Collect Statements After a Car Accident

Individuals who witness a car accident can serve an essential role in providing the evidence needed, so victims who are injured get justice and compensation is received for all damages. Accident witness observations may include what a person saw, heard, or the scene before, during, and after the crash. The witnesses might be a driver or passenger in a vehicle involved, a pedestrian, neighbors, nearby business employees or patrons, or motorists who were not involved but stopped at the scene to help. The details a witness can share will create a narrative of what happened and provide the who, when, why, and what involved, and how the crash was caused to help establish and prove fault.

If involved in an accident and able to connect with witnesses at the scene, a person can request the witness to provide written statements, including what they remember about the crash events, or if the party is willing, a conversation could be recorded using a smartphone. It’s best to collect witness statements at the scene or as soon as possible after, to present a transparent and credible report.

Sample Questions to Ask Car Accident Witnesses

After being involved in an accident, the police should have been called and will gather witness statements to include in the accident report. And if the witness is willing, you may also request that information on your own in the form of writing or recorded video and talk with others on the scene. When the responses are factual, and not personal opinions or assumptions, this type of feedback can become reliable pieces of evidence in piecing together the accident timeline and proving negligence. These are a few sample questions that could help you understand what might be needed when looking for an unbiased statement from a witness.

  1. What is your full legal name?
  2. Address?
  3. Phone number?
  4. Email?
  5. Are you comfortable with me recording our conversation on my phone?
  6. Where were you when you first realized there was an accident?
  7. Can you confirm the location you were at (street, intersection, what direction you were facing, sitting or standing, inside your car)?
  8. What is the order you saw things happen in?
  9. Can you describe the vehicles involved?
  10. What direction was each vehicle traveling?
  11. Where did the cars end up after the crash?
  12. What happened to the people involved or injured after the accident?
  13. Did you hear anything odd before, during, or after the accident?
  14. Can you describe the traffic conditions?
  15. What was the weather like?
  16. Did you notice any road interference, big trucks, motorcycles, or pedestrians at the scene?
  17. Did anyone appear to be injured as they exited a vehicle?
  18. Did anyone leave the scene before police arrived, such as a passenger or the driver of another car involved?
  19. Are there any other people that may have observed what happened?
  20. Did you speak to anyone involved? What did they say?
  21. Can I give you my phone number in case you remember something else?

Sometimes a witness says that they don’t want to get involved or make a statement on-the-record, but having their contact information will be helpful if needed at a hearing, a deposition, or to testify at trial in your defense. A Kentucky motor vehicle accident attorney will be the best person to help determine what information is needed and critical to present your case, including deciding if a witness’s statement or testimony will help. The information you collect may assist your injury attorneys in building a solid case.

How To Find Motor Vehicle Accident Witnesses

Gathering motor vehicle accident evidence, including witness statements demonstrating what occurred and who may be at legal fault, generally leads to a fair settlement. Sometimes there may not have been witnesses at the scene of the crash who spoke with police, or an active investigation, or perhaps your injuries were so severe you were not able to reach out to others at the time of the accident, but you may be able to speak to witnesses included in the police report, or locate other witnesses by returning to the site of the crash.

For example:

  • There might be neighbors or other locals who knew of an unsafe condition in the area before your accident.
  • Witnesses may have seen other drivers who were not directly involved operate recklessly before the crash happening.
  • A person who lives or works in the area might point you to other individuals who spoke about seeing you get hurt.
  • Business owners can offer security camera footage to see if the accident was captured. The footage could be used as evidence.

Gathering evidence to demonstrate what occurred and who may be at fault can put you in a position to settle the case for its worth and help you carry on with a healthy recovery, without the stress of financial hardships or the need for a trial with your injury claim.

Contact a Western Kentucky Lawyer at Rhoads & Rhoads Law Firm and Start Collecting Evidence to Support Your Car Accident Claim

Rhoads & Rhoads has been protecting the rights of the injured throughout Western Kentucky for over four decades. Our attorneys can provide legal advice and help identify all the car accident evidence necessary, including witness statements, to present and win your case and get you the financial recovery you deserve. We offer free initial consultations, and all cases are taken on a contingency fee basis. This means there is no payment required upfront, and there is NO RISK involved. Call us at 888-709-9329 to schedule your free consultation today.

Also read: What to Do if You Witness a Hit and Run Accident

 

 

About the Author:

Chris Rhoads is a partner in the firm’s Owensboro office and has been practicing law since 1996. He practiced law in the firm of Woodward, Hobson & Fulton in Lexington, Kentucky in its trial practice and product liability litigation section for five years before joining Rhoads and Rhoads in 2000.

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