How Does The Credibility Of A Witness Influence A Vehicle Accident Claim?
For the vast majority of vehicle collisions, the drivers of the vehicles are the only witnesses, which means that it is the word of one driver against the other driver. Having witnesses present during a vehicle accident can mean the difference between a successful vehicle crash claim and an unsuccessful one. When the drivers are the only witnesses, it makes it difficult to prove a case because it turns to the blaming game. The blaming game does not offer much help to investigators to determine the cause of the crash.
Having a third-party witness that is not related to the driver’s in any way can be a crucial aspect for a personal injury case. When a third-party is present, authorities have no reason to believe that they would lied in their testimony because they have nothing to gain or lose. Because having a witnesses can be extremely crucial for a case, it is important to know why the witnesses credibility is so vital for a claim. Miami car accident lawyers always try to use the most credible witnesses that will help the case, not hinder it.
Why Are Witnesses Important?
Witnesses credibility is not only important, it is needed to have a successful case. If the witness is not credible, the party loses its chances at winning their case. When a claim is brought to the insurance company, they will ask if any witnesses were present during the accident. The reason for this question is because insurance companies know how each driver will try to blame the other. There will be two different versions of the accident and not the true version of it.
Once both sides have given their share of the story, the insurance adjuster will choose whose side is more credible depending on the testimony of the witness. Due to that reason, having a credible witnesses is essential. If a witness has no credibility, then a driver might not be able to receive compensation even though it might be owed to them.
While third-party witnesses can be helpful, they are not always credible. Only when they are credible does their testimony become useful. When a person is in proximity of a car accident in the making, they are not standing there watching exactly what is going on, rather, they are trying to get away from the scene to avoid being hurt. In addition, the series of events that lead to a vehicle crash happen really quickly, which limits the capability of a person to grasp the full story.
Factors in Credibility
There are various factors that influence the credibility of a witness from where the witness was located to the viewpoint the witness had in the vehicle crash. Some factors that affect a witnesses credibility include:
- The character of the witness: Do they have a history of crime? Are they known to be dishonest?
- Location and timing: Were they driving a vehicle? Were they standing near the road? Were they watching from a building? Did they see the crash from the beginning or once they heard the first impact?
- Physical condition: Are they short of hearing/seeing? History of poor memory? Confusion? Were they under the influence at the time?
Choosing the Right Witness For Your Claim
Because many factors can influence the credibility of a witness, the best personal injury attorneys always investigate and utilize the witness that will give credibility to the case, not destroy the chances at winning.