Understanding the Role of the Witness in a Car Accident Case


If you have recently been in a car accident or even if you were just witness to a terrible wreck, you may be going through one of the toughest times of your life; in fact, even a minor fender bender can cause trauma too as you may keep reliving the event in your mind, from the surprise of the crash to hearing the sound of squealing tires, breaking glass, and feeling the subsequent flow of adrenaline that can take quite some time to subside.

More serious accidents may result in emotional harm, as well as causing major physical injuries such as concussions or traumatic brain injuries which could be long-lasting or even permanent, spinal injuries which could result in partial or complete paralysis, soft tissue damage, broken arms and legs requiring surgery, cuts and contusions, and much more.

If you have filed a claim against the other party’s insurance due to their negligence, you may be very concerned about the outcome. And witnesses could play a critical role; in fact, they may make or break a case due to what they saw. Usually, such individuals can offer an expanded view of the incident. This can be incredibly helpful, as otherwise, it is just your word against that of the other party—although evidence may be in place that is compelling too.

If it looks like your case is going to trial, you may be relying on one or more individuals who were there and saw what happened during the accident. The key is to approach them on the scene, directly afterward, as these are people you may never see again. That may not have been possible if you were seriously injured, and witnesses could simply walk away with no one ever even knowing they were there unless law enforcement spoke with them and asked for their contact information, including it in the police report.

It is important to understand that the witness is not under any obligation to testify in your case. They are not legally obligated to give you their information, speak with you further, or unfortunately, help you in any way. The hope is that most people will understand how important their viewpoint is, especially because they should be neutral with absolutely nothing to gain, giving a third-party report.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate levels. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

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