Car accidents can be challenging to resolve, particularly if there is a dispute regarding who is at fault. Credible eyewitness testimony may support your claims and significantly alter the outcome of a car accident lawsuit.
Insurance firms are always seeking for ways to avoid having to pay for losses, which includes casting doubt on the credibility of witnesses. Accordingly, if you have a credible witness in your car accident case, you need to be sure they are actually credible.
If you were hurt in a car accident, do not wait until it is too late to file a claim. Call Law Offices of Fernando D. Vargas at 909-982-0707 for a free consultation with a knowledgeable auto accident attorney.
How witness credibility affects a car accident claim
The ability of a car accident attorney to negotiate a fair settlement offer is significantly impacted by a witness’s credibility (or lack thereof). The defense will emphasize weaknesses in a witness’s testimony, memory, or character when guilt is not immediately apparent.
Make sure the witness is a benefit and not a liability if you rely on their testimony in your car accident lawsuit.
What marks a witness as reliable?
For the defense, credibility is hard to establish and simple to destroy. To that end, the following are characteristics of a reliable witness: a solid moral foundation and a spotless criminal history, not a member of the family or a close friend, balanced in both body and mind, was abstinent from drugs and alcohol at the time of the accident, and observed the incident clearly and without interruption.
What elements negatively impact witness credibility?
The defense finds it simple to dismiss witnesses who display certain characteristics. Here are a few examples of unreliable witnesses: witnesses who missed the full collision, witnesses who are not paying attention (i.e., talking with friends, on their cell phone, etc.), witnesses who give conflicting accounts of the accident, witnesses who have ties to accident participants, witnesses with a financial stake in the case’s resolution, and witnesses who are incapable of communicating due to their age, intelligence level, physical or mental state.
A witness who the judge or jury does not trust could hurt your case more than help it. In certain situations, your car accident attorney might urge you to completely avoid their testimony.
It is important to remember that having trustworthy witnesses does not guarantee a successful outcome. To challenge the testimony of your witness, the defense may call witnesses or provide evidence. This is the reason why every potential witness must be carefully vetted by your car accident attorney. Call Law Offices of Fernando D. Vargas at 909-982-0707 to schedule a free legal consultation with a skilled personal injury attorney.
