If you have been injured in a collision due to the negligence of another, placing blame on the other person probably seems like a no-brainer. After all, you were at the scene and experienced what happened first-hand. However, in a court of law, determining who is liable in a collision is more complicated. You must have hard evidence to support your claim before a judge or jury will rule in your favor. Evidence comes in many forms, but is customarily presented to the court through witnesses.
Here are three key witnesses to have in your car accident case.
Eyewitnesses and the Investigating Police Officer
As a personal injury lawyer knows, it is not uncommon for a car accident case to become a “he said”/“she said” battle with the other driver. After most collisions, law enforcement is immediately dispatched to the scene. The investigating officer typically is the first person to arrive and begin objectively investigating the collision. Officers are trained to measure distances to determine points of impact, directions of travel, interview witnesses, etc. Often times the officer’s objective findings and collection of evidence removes the “he said”/”she said” from consideration. Also, eyewitnesses are crucial to removing the “he said”/”she said” from argument. They also assist everyone in determining the truth of what occurred. These witnesses are a must in any collision injury case.
Once liability or fault for the cause of the collision is established, the injured person must prove they were injured. More importantly, they must prove that their injuries were caused by the collision. Ordinarily this conclusion requires the expertise of a medical professional trained and educated in the diagnosis and treatment of traumatic injuries. These witnesses are typically the treating doctors who saw the injured person immediately after the collision. However, they can also be specialist referred to treat the injured party for specific injuries, such as epidural steroid injections or surgery.
Finally, a judge or a jury often wants to know how the collision affected the injured party. The simplest way to show how the collision has affected someone is to call their friends and acquaintances to testify how the injured party was before the collision and after the collision. Notice I did not say family members, as often times family members are biased in their views. Friends and acquaintances often times have no stake in the outcome of the lawsuit and desire only to tell the truth about the injured party both before and after the collision. These witnesses are critical in explaining the harm caused by the wreck.