Witnesses are people who witnessed an accident or were present at the accident scene and can provide context to the incident. Their testimonials are powerful and can tip things in your favor.
However, sometimes it can be difficult to find witnesses after an accident because more focus often goes to getting medical attention and recovering from injuries. Also, to help your case, your witnesses should be credible. Therefore, you should partner with an experienced motorcycle accident legal firm such as Pacific West Injury Law for help in gathering witness statements and building a stronger case.
What Witnesses Can Do for You in a Motorcycle Accident Case
Witnesses are very important in your motorcycle accident case. Here’s why:
Their Testimony Helps in Proving the Accident
Witnesses are the first individuals to establish contact with the parties involved in an accident. They saw the motorcycle accident occur and how it occurred, and therefore, their testimonies are powerful.
For example, witnesses can confirm what the at-fault party did to cause the accident, e.g., using a mobile phone or taking a wrong turn. They might also hear the at-fault party admit blame at the accident scene and confirm the same via a written statement, bringing clarity to the matter.
Their Statements Help in Filling Information Gaps
The information given during the case might have some gaps. Each party gives their version of what happened as they try to prove their innocence. Sometimes, both of them may not remember how the accident actually occurred or might have forgotten all the tiny details due to the trauma of the accident.
Witnesses can help fill the information gaps because they observed the accident occur. Their detailed testimonies can tell what really happened, helping your attorney understand the case and how to strengthen it.
They Add Credibility to Your Case by Giving an Unbiased Account of Events
Witnesses give an objective account of events. They have no biases or reasons to deviate from the truth, unlike the actual drivers or passengers involved in an accident. Therefore, you should choose credible witnesses who were not at fault or harmed during the accident.
Also, the time factor counts a lot, so you should try to get their statements as soon as possible after the motorcycle accident.
Their Testimony Can Help Speed up the Settlement
The court gives each party involved in a case a chance to tell their story. Your case is stronger if you have witnesses to back up your account of what happened. As neutral third parties, their testimonies are powerful statements that can help reach a speedy and fair settlement of the case.
What Are the Qualities of a Credible Witness?
Some qualities can render witnesses more or less credible. You need witnesses to give a testimony that strengthens your case to tip things in your favor. Therefore, they should be accurate and dependable.
Credible witnesses are those that exhibit the following qualities:
Witnesses should be impartial with no prospect of personal gain from the case. For example, if the witness has a personal relationship, is a friend, or a family member, with the at-fault party, chances are they won’t provide testimony that supports your claim. A credible witness is one who will not benefit in any way from the outcome of the case.
Another thing that can undermine the credibility of a witness in a motorcycle accident is inconsistency. If they keep amending their statement, that may prove they either cannot recall some details of what happened or they were lying. The testimonies should depend only on personal observation, unswayed by what other people say, and remain consistent over time.
Being in the vicinity of a motorcycle accident does not necessarily make a person a good witness. They should have paid full and close attention to the accident to give accurate and specific details they observed. Therefore, claims that a witness was not paying adequate attention during the incident may undermine their credibility.
Many things can flaw the human memory, but the added complication of mental impairment can further interfere with an individual’s ability to observe or recall the incident properly. Therefore, a person with any form of memory loss, mental health illness, or cognitive limitation is not likely to be a credible eyewitness.
Types of Witnesses
There are two main types of witnesses that can give testimony or record a statement on your behalf after a motorcycle accident.
The first type is eyewitnesses. These are bystanders and people present at the scene when the motorbike accident occurred. They could be individuals such as workers, customers, or property owners near the accident scene.
The other type is expert witnesses. These are people who may help support your motorcycle accident case by providing expert opinions on some aspects of the case. They include highway safety experts, accident reconstruction experts, medical professionals, etc.
How Can You Find Witnesses for a Motorcycle Accident Case
Here are some tips to help you find witnesses for your motorcycle accident case.
Canvass the Scene
You can start by contacting the people present at the scene when the accident occurred. They can become your witnesses if they were present in the entirety of the accident and observed in detail how it happened.
In fact, they can help you locate other witnesses they can remember.
Find the Police Report
Police officers often arrive at the accident scene to file a report. During that time, they usually ask bystanders for their statements and contact details. Therefore, you can try to contact the officers who reported to the scene to get witnesses for your case.
What if You Can’t Find Witnesses?
You should not give up if you don’t find witnesses for your case. Instead, reach out to our experienced motorcycle accident attorneys at Pacific West Injury Law. Our lawyers have various search tools to locate witnesses and can even seek subpoenas to get testimonies from witnesses who fail to cooperate.
We’ll also look for other forms of evidence to bolster your case. Our attorneys know how to build motorcycle accident cases and can help you get the justice you deserve.
Contact an Experienced Motorcycle Accident Lawyer
If you are involved in a motorcycle accident, gathering credible witnesses for your case can be challenging. It’s especially hard when you need to rest and recover. Luckily, a motorbike accident attorney with experience in gathering witness statements and bringing together pieces of evidence to build a strong case can help you.
Our Pacific West Injury Law attorneys can help you gather witnesses and other evidence that will lead to a winning case. Contact us today for a free case review.