In every cases of accidents whether the victim or people involved sustained injuries or not, witnesses play one of the important role in order for those cases’ resolves. In light sustenance of injuries for victims or even the accident results in a death of someone involved, witnesses’ words and claims are important to strengthen and be an extreme determinant for someone’s claim to success against at-fault driver’s insurers, though, beforehand, witnesses make an oath that they will only speak truth in the course of the case. In law, witnesses are a group of people who have first-hand experience or knowledge about a certain event, especially accidents. Their job isn’t pretty easy as opposing attorneys may question witness’ claims if those claims are against them if they have checked that witness’ credibility is rough.
How Credibility is Accounted in Insurance Claims
Witnesses themselves know what to do and what to say in a claim lawsuit, but they don’t know how to defend themselves against factual attacks as to question his/her credibility. Credibility may be easily determined in law by checking witness’ background, upon discovering witness’ police record that one have committed crimes on past, a documented history of slander, or even voice records of witness lying, these proofs tend to reflect upon his credibility and his standing in the case as a witness, aside from manner of lying and deceit, some of the crimes committed and other standing by the witness that are deemed by attorneys not credible are:
- Committed and convicted because of violence-related charges
- If the witness is closely related to the victim or a friend
- Elder witnesses tend to be repetitive and doesn’t get the question instantly which could be confusing for everyone
- Witnesses who have history of being under the influence of drugs or not sober
- Witnesses who have psychological disorder even at a minimum such as attention deficit hyperactivity disorder or ADHD
If victim’s witness or witnesses were proved to have a criminal record or any of mentioned above, his/her words in the case may not be effective enough to persuade insurers to increase the value of your case and they may decrease it as well. In extreme chances, if your documented or video recorded proofs on the crash or accident is not enough, the case might be overthrown and may turn against you if the at-fault driver has strong proofs to support his claims.
If victim wishes to proceed without the witness, it is plausible but he/she will first-hand narrate what happened on his/her perspective. If he/she sustained injury, the meeting or negotiations may be delayed until victim’s recuperation and possible may take almost a year if you want to pursue the compensation pay which could be problematic at times.
In expansion of how credibility of a witness is determined, here is a list of common reasons or considered checklist for the victim before choosing their witness:
- If the witness was seen or observed receiving threats from the victim
- Whereabouts and habits of a witness even before a crash that might be considered as factor for the occurrence of the accident
- Inaccurate and discrepancy of witness’ statements as maybe the witness have disability to vision or hearing
- Extent of what the witness saw the event of road crash or if he actually saw or just heard about it
These are all things your lawyer may investigate when considering the testimony of a witness to the crash. While a credible witness can provide testimony that may strengthen a claim, a witness who lacks credibility could do considerable damage to a claim. That is one of the reasons witness credibility is so important.
If there are multiple witnesses, your lawyer needs to determine if their accounts of the crash line up. Differing testimony does not necessarily indicate someone is lying. People often have different vantage points and certain aspects of the crash may stand out to them compared to others.
It is important to discuss witness testimony with your lawyer. He or she can help determine if it may help your claim. Make sure to tell your attorney if you are suspicious of anything the witnesses have said. Sometimes you may get a sense someone lacks credibility, and your lawyer can determine if this is reasonable.
Filing a claim against at-fault driver is pretty complex for first timers and even for someone who have experienced it but with help from an experienced injury attorney, it would be easy and fuild. Choosing appropriate witnesses and doing background checking can be done by your hired attorney’s team as well so it won’t be an add up stress in your ends. Ryan Injury Lawyers is an Ohio based injury attorney that has been representing victims of personal injury from car accidents, medical malpractice, or even wrongful death for over 40 years. Call our office now for free legal consultation.