Facebook Icon

After the Car Accident: Can Witness Credibility Be an Issue?

After the Car Accident: Can Witness Credibility Be an Issue?

A car accident often seems like an unfair and unexpected trauma. Unfortunately, it can also result in tragedy with fatalities and injuries so severe they affect you or a passenger for life. Such an event is the very definition of something that happens to you ‘in the blink of an eye,’ and can be painful both emotionally and physically--indefinitely. One of the most difficult aspects about being in a car accident is that after the impact (unless you are whisked away in an ambulance) there is much to deal with later.

Along with assessing whether you or anyone else is injured, moving your car, trying to figure out whether or not your car is still functioning, and making sure local law enforcement and medical help are called if necessary, it is also critical to ask for everyone’s name and phone number, insurance information, and any other pertinent details. Witnesses can be very important though too, as you may realize if you ever saw an accident happen as you were walking or driving. Although it can be a jarring experience to see an accident occur whether on a quiet street or busy highway, witnesses do tend to be calmer at the moment as the situation is not happening to them (for the most part), sometimes leaving them with a more accurate memory of the accident overall.

At the scene, check for witnesses, and speak to them if possible. Ask for all their contact information, and keep it safe, as you may never see these people again. They could, however, end up being one of the most important factors in your case—especially if it goes to court.

Having an account from another party who was watching from another angle is not only critical but could be the deciding factor in a case where it is the other driver’s word against yours, and especially if they are trying to deny negligence. Credibility could be an issue, however, if it can be proved that the witness was under the influence of alcohol or drugs, was too busy driving their car, navigating through traffic, and not paying attention—or was distracted otherwise. Sometimes there is also a problem as the witness may (or may be accused of) not giving a first-hand account as they could have heard about the events from someone else who you were not able to contact.

Credibility may also be diminished if the witness is known to be disreputable or unreliable, if they have a criminal record, or if they have health issues that would have affected their ability to see or understand what was going on.

Please call the law offices of Andrew ‘Pike’ Piekalkiewicz, PLLC as soon as possible if you have been in a car accident and injured due to the negligence of others. Attorney Sgt. Pike activates and deploys his proprietary Car Accident Response Team or C.A.R.T.™ immediately after being hired and in cases where it is appropriate, with a team of specialized personnel trained in every aspect of car wrecks and injuries deployed. Call now at (713) 748-7453 or visit AttorneySgtPike for a no obligation case review.