A traumatic car accident can leave victims unsure of what occurred. Enter the car accident witness: someone who saw the accident take place. Car accident evidence tells a story and is necessary for proving negligence. A witness statement or testimony gives evidence a voice.
Preparation is vital for questioning a car accident witness. If you suffered injuries in a car accident and have witness contact information, you may want to contact an attorney as soon as possible.
Witnessing a car accident is a traumatic experience. Witnesses can become highly emotional even if they had no physical involvement; nevertheless, their testimony can prove invaluable in a civil case.
The immediate aftermath of a car accident is chaotic. Emergency medical technicians and police officers take over the scene. A police officer seeks out witnesses to learn more about the accident. While witness statements to law enforcement typically provide helpful information, accident victims should, if possible, ask the following of witnesses who stop to assist at the scene:
A witness is a valuable contributor to personal injury claims and lawsuits. Documenting witness statements and information soon after the crash is essential for a case. No matter how helpful a witness is at an accident scene, they may forget vital details over time. A witness may relocate or become reluctant to help a case.
This is why obtaining witness names and contact information at the scene is critical. Accident victims can proceed with their medical care and turn witness information over to their attorney. Placing witness questioning in your attorney’s hands removes the burden from your shoulders. An attorney can ask the questions that matter to assess a witness’s value to your case.
Simply forgetting to ask one vital question can derail a witness’s potential testimony. Severe or catastrophic injuries leave accident victims in no condition to contact witnesses or to interview them.
If a witness contacts or visits you while you are in the hospital or at home recovering, it is best to refer them to your attorney. This can help to avoid misinformation or misunderstandings that can occur in casual conversations.
Witnesses may know an accident detail they feel is unimportant, but it may prove critical to a case. Properly asking the right questions can uncover vital facts.
How you phrase a question can influence the response. The following tips for interviewing witnesses can help you avoid conflicts and confusion:
Witnesses were there and viewed the event. Their statements or testimony are based upon factual information to the best of their knowledge. It is not based on rumors or innuendos.
Just because a witness provides information, however, this does not mean it is necessarily true. No witness should have a reason to lie unless they know the responsible party or have some other conflict of interest. An attorney can watch for the following during an interview to spot certain signs of possible mistruths:
Witness testimony is valuable for most car accident victims. However, it is also a target of opposing attorneys who seek to discredit the witness. In addition to interviews, your attorney can prepare witnesses for court should your case go to trial.
A South Carolina car accident attorney can manage the details of witness interviews. As you rest and recover, your attorney can keep you informed about the status of your case. They can also share how witness interviews are progressing and how they may impact your claim or lawsuit.
James Whalen and Eric Montalvo understand how to approach witness questioning. They know how to listen to what witnesses say and what they do not say.
Another skill James and Eric bring to the table is determining whether a witness is valuable for your case. Witnesses are typically eager to help. However, their statements and testimony are only beneficial if deemed credible — something challenging to assess alone.
Leave the questioning of car accident witnesses in the hands of respected South Carolina attorneys James Whalen and Eric Montalvo. You can learn more about how either attorney can assist with your car accident case by scheduling a free consultation.
Witnesses are thinking, feeling, and moving forms of evidence. Act now to secure an attorney who can pose the right questions for your witnesses before they forget, change their minds, or relocate without notice. Call now to connect with a friendly member of the Whalen Montalvo Attorneys at Law team: (864) 770-7710.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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