After a car accident happens when there are two or more cars involved determining who is at-fault it usually figured out between the drivers of those cars. But, sometimes that can be tricky if the parties disagree on who was at-fault for the accident. In these cases, having someone that was an eyewitness to the crash can help determine who was actually at-fault for the accident, without having a bias opinion. Although having this person is helpful, the witness has to be credible in order for their opinion to be considered. It is not unlikely that the insurance company that is involved will try to find a reason as to why that person is not a credible witness.
Even though it may seem like having an eyewitness to the crash can do nothing but help you, you are wrong. If this person is not credible, it can end up hurting you more in the case than help you. This is why it is important to check into the person’s history and background. If they have had history of lying or omitting the truth to the police or in a court at any point, then they are not going to be deemed a credible witness for your case. If the person has any criminal record at all, they are also not likely to be deemed a credible witness. Another important part to be sure that someone is credible is making sure that they have an unbiased and objective opinion about the crash. This person cannot be related to one of the victims or have any time of relationship with them because it will be hard to believe that their opinion is not biased.
It will also depend on what the witnesses position was at the time of the crash to determine whether or not he/she is credible. If the person was way in front of the crash and saw it happen out of the mirror or at a stop light, it can be hard to tell how much the witness was actually able to see. Your attorney helping you in your case may have to look into more about the witness as well. For example, they may have to check for any vision impairment they may have, any mental disabilities, if the person was under the influence or any drugs or alcohol, or if they had any distractions that may have impaired their vision of the crash.
Having an eyewitness to a crash can be helpful, but there are things that need to line up before they are considered to be credible. You want to be sure that you and your attorney are looking at everything carefully to be sure that it will not end up coming back and hurting your case in the end. The insurance company fighting the claim will try to prove that the witness is not credible for any reason. If you ever think for some reason that the witness may not be credible, be sure to tell your attorney so they can look into it more deeply.
We work closely with our clients and offer vigorous representation both in and out of the courtroom. If you would like to learn more about our services, please reach out to our office today.
You can contact our lawyers in Louisville at 502-806-8711 or contact us online. Initial consultations are always free.