Memory can be a tricky thing. In the moments before a collision, some people may remember every detail as if time seemed to stop. Others may have never seen the other car, and have no memory whatsoever of what caused the crash. Because it can be difficult to rely on what the victims remembered before or during an accident, eyewitness testimony often becomes an important piece of a personal injury case.
When two vehicles are in a collision, there are often two competing versions of what actually happened. For example, one driver may claim that the other blew a red light, while the other driver may honestly believe that the light was green. Often the actual truth lies somewhere in between the two stories.
The testimony of witnesses is important because these people are usually neutral. A passerby has no stake in any ensuing lawsuit, and thus has no reason to lie about what he or she observed. As a result, juries tend to believe the testimony of neutral witnesses who are not influenced by the financial concerns that accompany a lawsuit.
Witnesses to an accident can include passengers in the vehicle, passersby who may have observed the crash, business owners or customers adjacent to the crash site, roadway or construction workers, police officers and other people who stop to render aid.
Though many witnesses are neutral, this is not always the case. If the witness was a passenger in one of the vehicles, he or she may have just as much of a financial incentive to lie about or misremember the details which could be damaging to the case.
Even the testimony of a truly neutral observer should be taken with a grain of salt. In most instances, passersby or business owners are not sitting outside concentrating on the actions of the drivers in the roadway. Most people are alerted to an accident by the sound of squealing tires or by the sound of the crash itself. As a result, many witnesses have no idea what actually caused the crash—they only know that the crash occurred.
Finally, every person’s memory can be influenced by subsequent events. After months of speaking with lawyers who claimed that one person caused the accident, the witness’ version of events may become clouded by the information that he or she learns later. For instance, if the witness learns that one driver was drunk, he or she may develop a bias against that driver and their recollection of events could be tainted.
For that reason, it is important to find and speak with witnesses as soon as possible after an accident. The fresher the events are in a person’s mind, the more reliable their testimony will be.
As soon as is practical after an accident, look for witnesses who may have seen the collision. This may mean that you (or your attorney) will have to canvass local businesses or residences, asking for witnesses to the crash.
If you find a witness, fight the temptation to argue your side of the crash. Don’t say things like, “Did you see that guy run that red light?” and avoid talking about any injuries that either party may have suffered.
Instead, focus on first getting the person’s name and contact information. If there is time, ask open-ended questions like, “Walk me through what you saw that day.” If possible, have the witness write down his or her observations, and have them sign and date the paper.
Always provide your attorney with the names and contact information of any witness that you find. It is important to depose these witnesses as soon as possible, before they lose their memory of what happened.
At Fighting for People Injury Law, our attorneys and accident investigators will do our best to track down any potential witnesses to your accident and record their testimony for use in your case. If you were injured in a car accident, don’t wait to begin building a case against the person who harmed you. Call 215-396-9660 to speak with an experienced Pennsylvania and New Jersey car accident attorney today.
