Witness testimonies are essential in proving fault and negligence in a vehicular accident. Without eyewitnesses, it could be your word against the other driver when establishing who was at fault for the wreck. Credible eyewitness accounts are also critical if you file a claim or if someone files a claim against you.
But what does a “credible” eyewitness mean exactly?
Credible eyewitnesses are people who saw the accident and are able to offer objective accounts as to what occurred. There are many different factors that lawyers, insurance companies, jurors, and judges take into consideration when evaluating a witness’s credibility. When building your case or defending yourself against a claim, you need to be aware of what makes a witness credible.
The Importance of Obtaining Witness Accounts
If you experience a car accident, you should gather eyewitness testimonies if you’re able. You shouldn’t consider whether someone’s account is credible or not during this stage—you should collect every account that you can, especially because you likely will not be able to find the eyewitnesses after leaving the scene. When collecting testimonies, you need to gather their full names and contact information.
Once you collect witness testimonies, your lawyer should determine which accounts are credible and which are not. If your lawyer determines that a witness’s account is unreliable, they’ll likely not include their statement when either filing your claim or defending you.
Factors Affecting Witness Credibility
There are many different factors for establishing a witness’s overall credibility. These include:
- Willingness to Be a Witness: The first critical factor in determining whether a witness is credible is whether they’re even willing to be a witness. Credible witnesses are willing to wait at the scene in order to report what they saw to the police. If they’re unable to stay at the scene, they should be willing to record what they saw and leave their contact information so that the police or insurance companies can get in touch with them.
- Background or Criminal Record: A witness’s criminal history or background may affect how people evaluate their credibility. For example, if they have a history of lying to the police or perjuring themselves in court, they could be considered dishonest and their account may not be considered credible. Additionally, if they have a criminal record, people may not value their account as much as other witnesses.
- Partiality: If the witness has a personal relationship with someone who was involved in the wreck, that can impact their objectivity and decrease their credibility. Additionally, they shouldn’t have anything to gain from offering their testimony because that means they’re not impartial. The witness should also not have a clear bias in favor of or against one of the parties involved in the wreck.
- Location: The witness needs to have been in an optimal physical location to see the incident objectively. If the witness’s view was obstructed or the event occurred far away from the witness, that can hurt their credibility.
- Whether They Saw the Whole Incident: Car accidents often draw the attention of many eyewitnesses after the initial collision. Someone may claim to have seen the accident, but they may have only seen part of the aftermath. Credible witnesses see events unfold in their entirety rather than only seeing part of it.
- Mental Capacity: The witness needs to have the mental faculties to have seen the incident and recount it accurately. If the witness has issues with memory loss or struggles with hallucinations or confusion, their account of the events may not be considered credible.
- Sobriety: If a witness was under the influence of drugs or alcohol at the time of the incident, that can impact their objectivity and make them unreliable. Even being under the influence of prescription drugs or having a single alcoholic beverage can negatively impact a witness’s testimony.
- Consistency: The person giving their eyewitness account needs to be consistent with what they saw. If someone gives an initial statement at the scene but their account changes over time, they may have forgotten part of the event or fabricated their testimony at the time the incident occurred.
- Attentiveness: The witness needs to have been paying attention at the time of the accident. If they were texting or listening to headphones when the event occurred, they may not be a credible witness even if they were close to the scene of the accident. Witnesses need to be able to provide accurate details of the event to prove that they did see the incident with full attentiveness.
- Avoiding Speculation: The witness needs to avoid speculating about things they didn’t see. Their account should be entirely based on what they witnessed at the time of the accident. For example, they shouldn’t speculate that a driver was under the influence or distracted if they didn’t personally witness them drinking or engaging in a distraction at the wheel. They should only give testimony to what they witnessed.
- Relying on Observations: The witness needs to only rely on what they saw rather than what they heard from others at the time of the accident. After multiple people see an accident, they may discuss it and begin sharing what they saw. Witnesses must only share what they personally witnessed rather than retell what others claim that they saw.
Contact a Kentucky Car Accident Lawyer
After suffering from a car accident, it can be challenging to gather sufficient evidence proving your claim, especially if you suffered from an injury during the wreck. You need expert attorneys at your side to help you gather evidence and determine which witness accounts are credible and can support your case.
If you need legal assistance in Kentucky, contact McCoy & Sparks Attorneys at Law. Our attorneys have years of legal experience assisting Kentucky drivers with car accidents and personal injuries. We can help you recover compensation for vehicle damages, medical bills, lost wages, pain and suffering, emotional trauma, and more. Contact our Bardstown office at 844-459-9467, or click here to schedule a free case consultation