When determining who is at fault for a car accident, insurance adjusters, judges, and jurors may first review the police report and statements from first-hand witnesses who were directly involved in the accident. However, statements from third-party witnesses – such as a pedestrian or cyclist – who saw your accident happen can also play a key role in proving liability. A third-party witness can be important for proving fault in an accident because, with no personal stake in the case, their accounts are often seen as more objective and reliable. Third-party witnesses may also be able to fill in information gaps because their minds are not clouded by accident-related trauma and they may have observed the accident from a different perspective than the people involved in the collision. A clear, unbiased witness statement can strengthen your claim, and your Bellingham auto injury attorney will work to gather testimony that supports your case.
The Difference Between a Lay Witness and an Expert Witness
Both first and third-party witnesses are considered lay witnesses. Lay witnesses can testify about what they saw or heard firsthand, but they cannot offer their opinions about who is at fault for the accident.
On the other hand, an expert witness has special training and experience that allows them to offer a relevant opinion about the accident that could sway the outcome of the case. Examples of expert witnesses are accident reconstruction experts who can write a report about how the accident happened and medical experts who can tie your injuries to the accident.
Your Bellingham auto injury attorney will interview and retain expert witnesses as needed for your case.
How to Find a Reliable Witness
If you are not injured, it is a good idea to gather witness statements and contact information of any third-party witnesses right after the accident happens because they aren’t likely to hang around for very long. Be careful not to pressure anyone to be a witness as it could reflect poorly on you and undermine the credibility of any statement they give. When police arrive, let law enforcement know about any helpful witnesses. If you are badly injured and 9-1-1 is called, police will respond to the accident and attempt to gather witness statements and contact information.
When assessing witness credibility, insurance adjusters, judges, and jurors will consider several factors, such as:
- Did the witness see the accident firsthand?
- Were they distracted, injured, intoxicated?
- Do they have memory issues such as dementia?
- Do they have personal relationships with the plaintiff or defendant?
- Do they have a financial interest in the outcome of the case?
- Do they have a history of lying?
- Have they made inconsistent statements about the accident?
What If There Are No Witnesses to My Car Accident?
In some accidents there are no third-party witnesses – or at least any that stopped to provide their statement. If you were involved in a car accident without witnesses, the insurance company will rely on the police report and first-hand witness statements along with all other evidence they can collect such as pictures of the damaged vehicles, road markings caused by the accident, medical records, red-light cameras, and/or surveillance camera videos of the crash.
If there were no witnesses to your accident, it is especially important to work with an experienced, local car accident lawyer. Your Bellingham auto injury attorney will gather all relevant evidence and interview expert witnesses, as needed, to build a strong case on your behalf.
Seek the Help of a Bellingham Auto Injury Attorney
If you or a loved one was injured in a collision because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced car accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing people injured in Whatcom County, Skagit County, Island County, and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
