Witnesses in Accident and Injury Cases

Many times when people come to see me about an automobile accident or injury, they ask, “Do I need witnesses?” The simple answer is that the more witnesses you have, the better. Best is when you have two or more witnesses besides yourself. This provides verification of what you saw. If you do know of witnesses, obtain their name, address, home, cell phone and work phone number. It is helpful to talk to them as soon as possible. Witnesses you know about (and those who you do not know about, but who might be discovered during an investigation) can move and also forget critical details.

The next question I’m usually asked is what if I don’t have any witnesses? Without trying to avoid the question, the answer is , “It depends.” Many times in an accident there will not be a third party witness, someone who was not in the wreck. However, there often times is physical evidence. That includes the vehicles, the tires, the skid marks, and the accident scene. Many times an accident reconstruction expert provides the proof needed about what happened. Sometimes, it’s the vehicles and the impact to them which can be important evidence that is gathered from the damaged vehicles. The sooner your attorney can start the investigation of a case, usually the better. Accident scenes can quickly change. Photographs can be taken of the accident scene in investigating the wreck. Any photographs you or friends take of the scene of the accident can also be helpful. Many cell phones today have a camera in them.

As I said above, the vehicle itself can be evidence. Do not have the vehicle repaired, until your attorney and any expert have the opportunity to look at the vehicle as well as photograph it before it is repaired. These are just a few of the things that may be other evidence besides eye witnesses.

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