How Witnesses Can Help Explain What Happened in an Accident

After an accident, the people directly involved may give sharply different descriptions of what occurred. An independent witness can sometimes provide information that photographs and vehicle damage cannot show.

Below, our friends at Isaacson, Schiowitz & Korson, LLP discuss the potential value of witnesses and the steps that can help preserve their observations. A car accident lawyer can help locate and preserve witness testimony, evaluate how independent observations support your claim, and use that evidence to strengthen your case during insurance negotiations or litigation.

What Can a Witness Describe?

Depending on where the witness was located, the person may have observed:

• The traffic signal before impact
• Which vehicle entered an intersection first
• A driver using a phone
• The speed or movement of the vehicles
• A failure to yield
• A hazardous property condition
• Statements made immediately after the accident
• The physical condition of an injured person
• Attempts to leave or alter the scene

A witness does not need to have seen every second of the event to provide useful information. Someone who arrived immediately afterward may still describe vehicle positions, debris, lighting, or a dangerous condition.

Independent Witnesses May Be Especially Helpful

Passengers can be important witnesses, but insurers may view a friend or relative as having an interest in the outcome. A neutral bystander may be perceived differently because the person has no apparent connection to either side.

That does not mean an independent witness is automatically correct. Every account should still be evaluated for accuracy, opportunity to observe, and consistency.

Obtain Contact Information Promptly

Witnesses often leave before police arrive. If it is safe to do so, ask for the person’s name, telephone number, and email address.

Make a short note identifying the witness’s location. For example, record that the witness was standing at a bus stop or driving behind one of the vehicles. That context may later help establish what the person could see.

Do not rely entirely on the police report. An officer may not speak with every witness or may record incomplete contact information.

Do Not Coach the Witness

Ask open, neutral questions such as:

• “What did you see?”
• “Where were you when it happened?”
• “Did you see the vehicles before the impact?”
• “Would you be willing to provide your contact information?”

Avoid supplying details or suggesting what the witness should say. A reliable account should be based on the person’s own memory.

Details Affect Reliability

Several factors may influence the weight given to a witness’s account:

• Distance from the accident
• Lighting and weather
• Obstructions
• Duration of the observation
• Whether the witness was distracted
• Whether the person knew anyone involved
• Consistency with physical evidence
• Changes in the account over time

A witness who confidently offers an opinion may still have had a poor viewing angle. Another witness who remembers only a few details may be highly reliable about those specific observations.

Memories Can Fade

Even honest witnesses may forget details as weeks or months pass. Promptly recording contact information allows an investigator or insurer to obtain an account while the event is relatively fresh.

A witness should not be encouraged to repeatedly discuss the event with others, because later memories can sometimes become mixed with information learned after the fact.

Witnesses Are Not Limited to Car Accidents

Witness testimony can also matter in falls, workplace incidents, defective-product cases, dog attacks, and other injury events. Someone may have observed a spill, broken handrail, missing warning, unsafe work practice, or prior complaint.

Employees and residents may also know how long a condition existed or whether similar incidents occurred.

Be Informed

A credible witness can provide an independent perspective, resolve disputed details, and connect physical evidence to the events that produced it. Obtaining a name and phone number takes only a moment, but that information may become difficult or impossible to recover once the witness leaves.