Auto Accident Witnesses — What to Know About Their Vital Role

The witnesses in your accident case will go a long way toward boosting or lowering your chances of success. So having the best witnesses possible is a key part of building the best case possible. What makes a good witness? What evidence can — and can't — they provide? And where do you find witnesses? Here are some answers to every accident victim's questions. 

Who Can Be a Witness?

In general, anyone who witnessed some element of the accident for themselves can offer testimony in a court case as a lay witness. Lay witnesses give evidence about facts as they saw them. They generally don't give opinions based on their own skills or training. 

Another type of witness can also help build your case. These are known as expert witnesses. They did not see the accident, but they offer opinions based on professional training and experience. In an auto accident case, for example, you might use an accident reconstruction expert to help clarify what happened and explain it to a jury based on their expertise. 

There is no magic number of how many witnesses you need. What matters most is the quality of their testimony as opposed to the sheer volume of witnesses. A few good witnesses can sway a jury more than an endless string of mediocre witnesses. However, many witnesses have some weakness in their testimony which makes it vital to have others on hand too. 

Where Do You Find Witnesses?

The most common accident witnesses are the passengers in any vehicles involved. They had a front-row view of the accident. However, they only saw things from one vantage point. And because they are usually friends or family, they are biased. Their advantage is that they're easy to contact and more likely to participate. 

As soon as the accident occurs and everyone is safe, you should seek out other potential witnesses. This may include pedestrians, other drivers who stop, store employees or customers in the area, bicyclists, neighborhood homeowners and renters, or roadside workers. If law enforcement is called to the accident, they will also help talk to and get contact information for witnesses. 

When it comes to expert witnesses, your attorney is a good resource. They have built up a network of expert witnesses in various fields commonly needed in accident cases. 

What Makes the Best Witnesses?

The best accident witness is a bystander who is unrelated to any parties and saw the entire accident from start to finish. Because they don't have any stake in the outcome of the case, a jury as well as insurers and attorneys usually find their recollections the most trustworthy. 

Of course, coming upon someone who saw the entire thing isn't always possible. Many witnesses only see a portion of the overall situation. In this case, eyewitnesses who saw things with their own eyes are usually the most important. They should have the best, most unobstructed views and have witnessed the accident with more than one sense (such as sight and sound). 

Finally, consider the witness themselves. Even though a person saw the accident, their testimony will be weakened if they had been drinking or using drugs, if they seem to have an agenda, if they don't seem like a reputable person, or if they cannot express themselves well. The best witness is a person who can speak clearly and answer questions, seems professional, and has no skeletons in their own closet. 

What Must Witnesses Agree to Do?

If a person agrees to be a witness in your case, what are you asking them to commit to? First, they usually need to tell you or another party what they saw. This should be written down as close to the time of the accident as possible. Some witnesses agree to stay on the scene and write down or dictate what they saw to ensure accuracy and reliability. If they can't do this at the time, contact them soon afterward. 

The witness may then be asked to sit for a deposition. This is an interview conducted under oath and usually recorded. Lawyers for both parties can participate, and the witness generally must answer questions by the requesting party's attorney unless there are legal grounds for objecting to them. Depositions can be intimidating for the layperson, and they will need to carve out time to participate.

Finally, if the case goes to trial, the witness may be asked to appear in court to give their testimony. While the ideal testimony is given in person in the courtroom, remote options are often available as well. If the person can't or won't give live testimony in court, you may not be able to compel them. In this case, the deposition may be used instead. 

Where to Learn More

Finding the best witnesses can be challenging for accident victims, especially when dealing with their own injuries. Get help by meeting with Jeeves Law Group. We specialize in Florida personal injury cases, and we can assist with all aspects of witness development. Call today to make an appointment.