When you’ve been injured in a Kentucky car accident, there are important steps you should take to ensure your case goes as smoothly as possible. When you file a claim to recover compensation for your injuries, for example, you will need as much evidence as possible to prove what happened so you will be awarded the compensation you deserve.
However, it’s not uncommon for car accident victims to simply leave the scene of the accident without doing much, assuming the police will take care of everything. But there is no guarantee the police will gather all the evidence you would need to support your claim.
As such, you should stay at the scene to gather your own evidence if possible. This can include taking pictures of the accident, the car damage, and your injuries. But you should also collect witness information as well.
Witnesses are invaluable when there are disputes over what happened, but if no one bothered to talk to any witnesses or get their contact information, it is difficult to call on them to give a statement. So, it’s up to you as the victim to talk to them yourself to get their information and a potential statement on the spot.
But what exactly should you ask them? Let’s find out.
Most Important Questions to Ask a Witness of a Car Accident
There are many things you can talk to a witness about after a car accident, but not all of these things are the most useful. Plus, most witnesses aren’t likely going to want to stick around for a long time.
So, asking the most important questions is essential to keep the conversation short, simple, and to the point. You also might have injuries that need to be taken care of, so you don’t want to linger and put your health at risk.
These are the most essential questions to ask a witness of a car accident:
1. Can I get your contact information?
Before you ask anything else, you should make sure you get the witness’s contact info if they are willing to provide it. They might have to leave in the middle of the conversation, or you might have to leave, so you want to have a way to contact them to ask them further questions if necessary. Your lawyer might also want to speak to them, or they may need to be called upon to give a statement to the police or the court.
2. Are you willing to make an official statement if needed?
Make sure you also verify whether or not they will be willing to give an official car accident witness statement on the record. There is no point wasting your time asking them questions if they aren’t going to be willing to act as an official witness for the police or if your lawyer or anyone else needs to speak with them.
3. At what time did you notice the accident?
The time that an accident happened can serve as evidence that can help support your case. So make sure to ask the car accident witness when or what time they noticed what happened. This can also let you know whether or not they witnessed the entire accident. For example, some witnesses might only have seen what happened after, which can still be helpful, but it’s important to know when exactly they started noticing what happened.
4. Can you tell me what happened just before the accident?
The events leading up to an accident can be just as important as what happened during the accident. Unfortunately, the drivers involved in the accident are often unaware of everything that might have led to the accident. A witness with an outside perspective, however, can be more likely to have seen something that happened right before the accident, which can be useful to your case.
For example, the witness might have noticed that the traffic light malfunctioned or stopped working before the collision happened. Or they might have seen that the other driver ran a red light before they hit you. Asking this question allows the witness to give more detail than just what happened during the accident.
5. And what happened during and after the accident?
Of course, you want to ask them exactly what they saw during the accident as well. You should gather as much specific detail as possible, as any little piece of information could help your case.
When you ask this question, you can ask follow-up questions to get as much detail as possible. For example, you could ask:
- Was the driver speeding?
- Was the driver talking on their phone?
- Was anybody else involved, like a pedestrian or a bicyclist?
- Was anybody disobeying the traffic law when the accident occurred?
- Was the driver operating their vehicle erratically?
6. Where were you located in relation to the accident?
This is an important question because where the witness was located can alter their perspective of what happened. If they were far away, for instance, they might not have had a clear view. So you can ask them if they were close by, if they were standing outside, if they saw what happened from inside another vehicle or from inside a building, etc.
7. Did you notice if anyone else saw what happened?
The more witnesses that saw what happened, the better because if their stories all line up, it shows they are honest witnesses, and this can help you validate your claim. So always ask if they saw anyone else that might have witnessed what happened. That way, you can get contact info and statements from the other witnesses as well.
8. Did you hear anything relevant to what happened?
It’s important to focus not just on what was seen but also on what was heard before, during, or after the accident. For example, was the other driver shouting and being aggressive? Did the other driver say something after the accident that could be construed as admitting fault, such as apologizing and saying they were distracted? Auditory evidence can be just as helpful as visual evidence of what happened.
9. Did the weather or road conditions contribute to the accident?
In some cases, the weather or poor road conditions could be what contributed to the accident. So you could ask if they noticed anything along those lines that might be relevant.
For instance, was the road wet, and did it cause any of the vehicles involved to slide or have a harder time braking? Were the roads icy or packed with snow?
You could also ask if there was anything in the road, like a pothole or debris, that might have contributed to the accident. Or you can even ask if they think poor lighting was the issue because it was dark outside. Again, any little details can help.
10. Did you witness the entire accident or just part of it?
Finally, you should ask them how much of the accident they witnessed. Did they only see what happened before and during? What about after? Some witnesses may claim to have seen the whole thing, but this might not be true. So make sure to ask them specifics about how much they saw. Even if they only saw a portion of the accident, this can still help, but knowing exactly what they saw is important in case they are called upon later for further questions about what happened.
Trust McCoy & Sparks—Premier Personal Injury Attorneys in Central Kentucky
If you’ve been injured in an accident in Kentucky, our personal injury attorneys can assist you in gathering information from anyone witnessing a car accident as well as any other necessary evidence to help you build a strong case.
McCoy & Sparks is continually recognized as one of Central Kentucky’s best law firms. We represent thousands of clients in Central Kentucky with a focus on providing premium service.
You owe us nothing unless we win your case. Call us at (844) 4KY-WINS for a risk-free consultation with one of our car accident attorneys today.