When you suffer serious injuries in an auto accident, proving what happened (and who was at fault) is essential for recovering the financial compensation you deserve. While Florida personal injury lawyers can use various forms of evidence to prove their clientsâ legal rights, in many cases, one of the most important types of evidence is witness testimony.
Witnesses can help with auto accident claims in several ways. The key is knowing how witnesses can help in your case. When you hire a lawyer to represent you, your lawyer will investigate to determine who (if anyone) is available to provide testimony in support of your claim for just compensation.
5 Ways Witnesses Can Help with an Auto Accident Claim in Florida
With this in mind, here are five examples of roles that witnesses can play in Florida auto accident claims:
1. Corroborating Your Version of the Events
One way witnesses may be able to help with your auto accident claim is by corroborating your version of the events. Even if you know exactly what happened, you unfortunately cannot expect the insurance companies to take you at your word. They are going to second-guess you, and they are going to look for any evidence that might call your version of the events into question.
If a witnessâwho has no stake in the outcome of your auto accident claimâconfirms what you tell the insurance companies or what you say in court, this can go a long way toward verifying your credibility. This, in turn, can make the insurance companies more likely to settle for the financial compensation you deserve.
2. Filling in the Gaps
If you are fuzzy on some of the details of your auto accident, witnesses may also be able to fill in the gaps. While some accident victims have time to see whatâs coming, many people have no idea that they are about to get hit. If you donât know exactly what happened in the moments leading up to your accident, eyewitnesses who saw the accident from an outside perspective may be able to provide critical details on your behalf.
3. Disputing the Insurance Companiesâ Allegations of Comparative Negligence
Witnesses can also help with disputing insurance companiesâ allegations of comparative negligence. Under a change to Floridaâs personal injury laws that took effect last year, the insurance companies can deny compensation to accident victims who are deemed more than 50 percent at fault in their collisions.
As a result, it is now even more common for the insurance companies to try to blame accident victims for their own injuries. If the insurance companies accuse you of being partially at fault, witnesses may be able to testify that there was nothing you could have done to avoid the collision. Other evidence may be available as well; but, here too, the first-hand account of an unbiased observer can be key evidence for protecting your legal rights.
4. Providing Photos and Videos They Took at the Accident Site
Another way witnesses may be able to help with your auto accident claim is by providing copies of photos or videos they took at the accident site. Even if you were able to take photos or videos with your phone in the aftermath of the accident, having another perspective could still be extremely helpful. If you werenât able to take photos or videos, finding out if anyone else has documentation of the crash site could be especially important.
In many cases, witnesses will be more than happy to share their photos or videosâand they may even post them online. But, if necessary, your Florida personal injury lawyers can issue a formal legal request. This is a common part of the auto accident claim process, and the ability to secure necessary evidence through formal legal means is one of several reasons why it is critical to have experienced lawyers on your side.
5. Verifying Key Details Supported By Other Evidence
Finally, just as witnesses can corroborate your version of the evidence, they can also verify key details supported by other evidence. For example, letâs say you got rear-ended, and there are tire marks on the road that support this. You may even have photos showing your damaged vehicle in front of the other driverâs vehicle with a damaged front end. In this scenario, a witness may be able to confirm that you stopped safely, and that you were coming to a gradual stop (or perhaps already stopped) when you got hit.
Who Can Serve as a Witness in a Florida Auto Accident Case?
This discussion raises another important question: Who can serve as a witness in a Florida auto accident case? The short answer is that anyone who saw what happened can potentially testify on your behalf. Some examples of potential witnesses in auto accident cases include:
- Your passenger (or your driver, if you were a passenger)
- Other drivers
- Other passengers
- Pedestrians and cyclists
- Workers who were in the vicinity of the crash site at the time of the collision
While witness testimony is not strictly necessary when pursuing an auto accident claim, it can be extremely helpful. As a result, it is well worth hiring a team of experienced Florida personal injury lawyers to investigate and determine if any witnesses are available. Of course, if you were able to collect any witnessesâ information at the crash site, you should share this information with your lawyers as well. Since memories can fade quickly, it is best if you contact a law firm as soon after your accident as possible.
Contact the Florida Personal Injury Lawyers at Searcy Denney for Free
Do you need to know more about dealing with the insurance companies and protecting your legal rights after an auto accident in Florida? If so, we encourage you to contact us promptly for an initial consultation. To speak with the Florida personal injury lawyers at Searcy Denney for free, call 800-780-8607 or tell us how we can reach you online now.
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