Witness credibility plays an important role in many legal matters, but is especially critical in car accident claims, where a witness’s statement can make all the difference in determining who was at fault for a collision. For help determining whether the witnesses to your own accident are credible, please contact an experienced Western Springs auto accident lawyer who can thoroughly investigate your crash.
What are the Characteristics of a Credible Witness?
A statement from a witness can make all the difference to the outcome of a plaintiff’s claim, so it is critical for plaintiffs to identify credible witnesses who saw the accident occur. In most cases, this means they:
- Have a good memory;
- Have acceptable vision or hearing;
- Are not friends or family members of the parties involved in the case;
- Do not easily become confused;
- Were not under the influence of drugs or alcohol at the time of the collision;
- Have a reputation for honesty; and
- Do not have a criminal record, which involves dishonest behavior, like theft or fraud.
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When it comes to car accident claims, it’s also usually a good idea to use statements from witnesses who saw the collision occur, but who weren’t driving at the time of the crash. While a driver may have witnessed an accident, it’s safe to say he/she was probably more focused on avoiding the accident than observing it.
Other Conditions Affecting Witness Credibility
If a witness was not another driver, but someone else who saw the accident, a plaintiff will still want to take a few things into consideration when determining whether they are credible, including:
- Whether the witness was able to see the entire collision and assess the cause of the crash;
- Whether the witness saw the events preceding the crash;
- Whether the witness was distracted at the time of the accident;
- Whether the witness is relying on personal observations;
- Whether other evidence contradicts the witness’s testimony;
- How well they remember details;
- Whether the witness’s testimony has changed over time;
- The reasonableness of the witness’s testimony considering the other evidence presented; and
- Whether the witness exhibits any bias, whether consciously or unconsciously.
Taking these factors into account is extremely important to the success of a car accident claim, as a non-credible witness can do more damage to a case than having no eyewitness testimony at all.
Witness Testimony in Court
When litigating a car accident, a plaintiff will not be able to simply submit an affidavit of a person’s statement. Instead, the parties will need to call their witnesses to the stand, so they can give their version of events while under oath. Afterwards, the attorneys of both parties will have the opportunity to cross-examine the witnesses. This means that in most cases, juries will have the opportunity to listen to witnesses firsthand and judge their credibility for themselves.
Contact Our Western Springs Office Today
If you were injured in a car accident, eyewitness testimony will undoubtedly play a role in litigating your case. Please call Mary Ann Covone, P.C. Attorney at Law at (708) 246-4911 today to learn more about how an experienced auto accident attorney can help investigate your claim.