How to Obtain Witness Statements After a Car Accident

Why Are Witness Statements Important?

After a car crash, you may feel jolted, disoriented, and in total shock. Because of this, it can be difficult to remember to collect the most important pieces of evidence after a car accident: witness statements.

Witness testimony is one of the most distinctive pieces of evidence of a personal injury claim. In some cases, witness statements can make all the difference in the success of your claim. Detailed testimony from a few trustworthy eyewitnesses may corroborate and reinforce the version of events presented by one party while disproving the statement of the other.

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On the other hand, if you don’t have testimonial evidence, your own account may be called into question, and your claim information may be seen as unreliable. It also may cause your attorney to dedicate more time and resources to gather other sorts of evidence to support your injury claim.

Because it’s not easy to think clearly after a car accident, it’s important to be prepared before you get into an accident. Your action plan for after a car accident should include steps you can take with your potential personal injury claim in mind, including how you will approach potential witnesses and obtain their statements.

How to Collect Witness Statements at the Scene of the Crash

If you already prepared for what to do after a car accident, you know that collecting witness information comes after you call 911, assess your safety and check on the other people involved in the accident. However, some people aren’t sure how to collect witness statements properly after a car accident.

Right after the crash, your safety and the safety of other users of the road should be the highest priority. Your primary concern, therefore, is to ensure whether you or other drivers involved in the collision need any immediate medical assistance. If the damaged vehicles are positioned in a way that could disturb the traffic and become a hazard, you should move them to a secure spot on the side of the road.

Only after you have taken such basic precautions and only if you perceive no immediate danger to your safety may you start taking steps towards your future injury claim. In addition, it is vital to remember that you should visit a doctor to receive a medical checkup afterward-even if your injuries seem minor or insignificant, or even if you don’t seem to have any visible injuries. (Medical records from as soon after the accident as possible will also help strengthen your case.)

If you can locate one or more witnesses at the scene, you may approach them to ask if they are willing to provide their contact information and a basic statement. You should also remember that you may be required by law to call the police to the scene of the crash.

In New Mexico, circumstances in which it is obligatory to notify the police of the accident include:

• When the accident resulted in bodily injury
• When the accident resulted in death
• When the resulting property damage seems to be in excess of $500

If it is necessary to call the police, the law enforcement officer will be responsible for taking witness testimonies. Later, these will be included in the police report of the accident. However, you may still approach witnesses to obtain their contact information.

If witnesses leave the site of the collision before the police arrive or before you can safely approach them, you may have to return to the location at a later time and make an effort to find any potential witnesses. While this may not be easy, it may help to visit any residential buildings or businesses in the area to request information about the accident.

What to Include in a Witness Statement

While you may think that eyewitness testimony that you take at the scene of the crash doesn’t have to be elaborate or extremely detailed, this is not the case. Usually, it is vital to ensure that the following information is included:

• Contact information of each witness
• Date and time of the collision
• Location of the accident with a short description of the surroundings
• Witnesses’ positions in relation to the accident scene
• Description of the circumstances of the accident
• Description of the vehicles involved in the accident
• Description of how and why the accident occurred (according to each witness)
• Vehicles’ positions right after the crash

Have the witness sign the statement to confirm truthfulness of the facts presented. A statement that isn’t signed may not be considered reliable evidence.

How a Car Accident Attorney Can Help Obtain Witness Statements

If you’ve been injured in an accident, you may not have time, physical strength, or mental capacity to collect witness statements at the scene of the crash. Under these circumstances, you may be able to obtain any witnesses’ contact information later on, if they are mentioned in the police report. However, contacting witnesses and collecting and organizing their statements in preparation for a personal injury claim may be extremely difficult, especially while you’re healing.

This is where professional help from an experienced car accident attorney may prove to be invaluable to your case. A personal injury lawyer will be able to provide comprehensive legal assistance and take over all aspects of your injury claim or even a potential lawsuit. If you decide to work with an attorney, he or she will contact the witnesses to obtain their statements and build a strong claim. In virtually all cases, working with an attorney greatly increases your chances of obtaining fair, satisfactory compensation for your injuries.

If you’re looking for an attorney to help you with your car accident case, contact Ron Bell Injury Lawyers to see how we can help you. Your initial case evaluation is absolutely free. Ring the bell and get an experienced car accident attorney on your side. 898-BELL