Experiencing a major car accident can be very scary. Not only is the impact of the crash itself traumatic, but the aftermath can also cause distress and confusion. Experts know that immediately following an accident, adrenaline is rushing through your body and can cause you to act erratically and forget details of what is happening. This is why a witness to a car accident may play an essential role in determining what occurred.
As we always point out, the first thing you should do after a car accident is to make sure you are ok, evaluate your injuries, and check on any passengers. You need to get yourself to safety, if possible, out of traffic and off the road. However, once you have established that everyone is safe and assessed any injuries (be sure to call law enforcement and emergency medical services!), you’ll want to try to document the scene as best you can.
Documentation may include taking photos of the scene, such as the roads leading up to the accident, any traffic lights or signs, and the position of the vehicles. Pay careful attention to any details which may have contributed to the accident, such as potholes or slippery streets. Because your brain can play tricks on you, try to write down what happened as best you remember it. You can also use your phone to make a voice recording.
Remember that no matter who you feel was at fault, all documentation is very important, including witness statements. Even though Florida is a no-fault state, you’ll need evidence for both an insurance claim and any possible legal action.
While you may not think a witness statement will be critical to your case, there are many reasons that you – or the police, once they arrive – should solicit information from witnesses. A witness can confirm that one vehicle was speeding or driving recklessly. For instance, one of the drivers may have been distracted and not realized a light had turned red, but a witness can validate that fact.
Another important thing a witness may notice is that the car accident victims were walking around until they heard the ambulance sirens but then laid on the ground – essentially faking a more severe injury. There are many ways that a witness can help to back up your story should it be contradictory to the other driver’s version of the accident.
While you should solicit witness information, keep in mind that you should not try to influence their “memory” of the accident or attempt to woo them to tell the police your version. This does not mean that the witness would purposefully be deceptive, but they had also experienced some shock as well when they witnessed the crash. Implanting ideas in their head immediately following an accident may be easy to do, but this will not result in a clear story and may not work out in your favor in the long run. If you want to steer clear of improper conversations, you may just want to ask the witnesses to stay until the police arrive or ask them for their contact information before they leave. If you do record their thoughts, stick to their words and factual information.
Don’t Forget: Additional “witness” testimony may come through any traffic or security cameras that are in the vicinity.
In most cases, a witness to a car accident is a reliable source of information that may prove to be very valuable to your case – especially if you are confident that you are not at fault.
Probinsky & Cole are experienced car accident and personal injury law attorneys with offices based in Sarasota, Tampa and Orlando.
