How important is witness testimony? It depends on the case, but in some circumstances, it’s critically important. Witnesses are important for your claim for a few reasons.
Since a third-party witness wasn’t involved in your accident, they are typically viewed as a neutral party who is not biased in favor of either party. An eyewitness who saw what happened can provide the jurors or insurance company with a clear picture of what happened. In some cases, witness testimony can describe what happened in the moments leading up to the collision, what occurred during it, and what happened immediately after it took place. This might include anything either driver might have said to the witness if the witness checked on them to see if they were okay.
When a witness takes the stand, they can help to show which driver caused the accident when liability is unclear. They might do this by telling everything they saw, including the events that happened before the accident and likely contributed to it. For example, a witness might have seen a driver texting while driving, swerving, weaving, failing to use a turn signal, or running a stop sign.
Since a witness has firsthand knowledge about what happened, they can also help by describing the injuries they saw right after the accident. This can be helpful if the insurance company is attempting to blame your injuries on a different event other than the accident. The testimony can also help you if the insurance company is attempting to argue that your injuries were not serious.
Before you call a witness to the stand to testify on your behalf, your attorney will want to make sure they are both credible and reliable. Insurance companies and jurors judge the credibility of witnesses and take it into account when weighing the testimony of witnesses. In most cases, your passenger or relative will not be deemed to be reliable because they are biased in your favor.
Reliable witnesses are people who were not involved in the accident but witnessed what happened. They can’t be compensated for testifying about what they saw.
In some cases, two witnesses might have differences in what they perceive because of the chaos involved in an accident, having different vantage points, and other factors. However, witnesses need to come across as credible and honest to jurors.
An eyewitness needs to have seen what happened from the time right before the accident until after it was over. This is important because there might have been other factors that contributed, including third vehicles that caused the initial collision but fled the scene. Your lawyer will want to evaluate a potential witness’s credibility by considering their memory, hearing, vision, consistency, age, and intelligence.
A second type of witness that might be involved in your case is an expert witness. An expert witness is not someone who saw your accident; instead, they are a professional who is recognized as an expert in their field. They can analyze evidence and provide an expert opinion. For example, a medical expert might testify about the severity of your injury, the treatment you have received and will need, and your likelihood of fully recovering.
Before an expert witness can testify, the court will consider a variety of factors to determine whether they are qualified as an expert. They must have relevant education, training, and experience and be impartial.
Expert witnesses help judges, jurors, and insurance companies evaluate the evidence and understand the repercussions of the injuries on the plaintiff. In addition to medical experts, some other types of experts that might be called to testify by either side include the following:
Following an injury accident, you will have the burden of proving your case when you file a claim against the at-fault party. Witnesses can help you prove your case, but it’s important to evaluate their credibility and reliability. An attorney from the law firm of Ellis & Associates can help assess potential witnesses and evaluate whether they might help your case. To learn more, schedule a free consultation by calling us at 800-MR-ELLIS.
If you experience chronic migraines, you know that a severe migraine is definitely not "just a…
Lumbar radiculopathy, more commonly known as sciatica, can be extremely painful and debilitating. When it's…
A motorcycle accident can leave you with serious injuries and expensive medical bills. While Massachusetts…
Motorcycle riders face higher accident risks than other motor vehicle occupants because they have fewer…
Were you recently injured in a motorcycle collision that wasn't your fault? It's important that…
If you've been involved in a motorcycle accident, filing a police report is one of…