Witness statements support the following factors in a car accident case:
Support claims of innocence
It must be noted that an injured person’s compensation award can be reduced or completely eliminated if he or she is found to have been responsible for causing, in part or in full, the accident. However, witness accounts of the accident can prove that an injured person is innocent of any responsibility for the accident. Witness accounts provide critical information. Such as:
- the detail with regards to the positions of the cars
- the speed at which one or both vehicles were travelling
- statements made by the parties immediately after the accident
Support claims of guilt
In contrast witness statement can assist a party seeking to show that the injured person was fully or partially responsible for the accident. An injured person’s compensation is reduced by the percentage of his or her responsibility for the accident. Therefore, defendants try to show that the other driver is somewhat responsible for the accident and subsequent damages. Witness statements about the events of the accident can assist the court in determining fault of the plaintiff.
Support claims of injury
Witness statements can also provide assistance to an injured person in proving their injury. Such statements are based on eyewitness accounts of the accident. Therefore, the court will be able to ascertain whether the claimed injuries could have been caused by the accident. In addition, witness statements help the court determine whether the injuries and pain are as severe as claimed. This is through witness statements about the injured person’s actions and attitude after the accident.
While witness statements can support claims of injury they can also discredit such claims. An eyewitness that saw the plaintiff can discredit claims of severe injury where a driver is lying about their injuries.