If you have been injured in a truck accident, you need to build a foolproof case against the trucking company. One way to do this is by gathering witness statements. Eyewitness reports can support your claim and prove the truck driver's negligence. However, the trucking company's insurance will attempt to discredit the witnesses and water down your case. The only way to counter this is to gather foolproof statements. Therefore, consider these factors when choosing credible witnesses for your truck accident injury case.
A witness to a car accident should be an unbiased party. Therefore, it's not advisable to use your relative as a witness, even if they were present during the accident. A relative, spouse, or friend has a vested interest in the outcome of your case. Sometimes, they may even be indirect beneficiaries of the settlement. Therefore, the trucker's insurance will dispute the credibility of the witness because of their relationship with you. To build a solid case against the negligent truck driver, find eyewitnesses who have no relation to you.
A credible eyewitness should have an accurate account of how the crash happened. The insurance company will dispute the statement of a distracted eyewitness. For example, if a pedestrian witness states that they were texting or talking on the phone when the accident occurred, the insurer may claim that the eyewitness was distracted.
Note the location of potential eyewitnesses in relation to the accident site. A driver who was half a mile away from the accident may not be able to provide an accurate report because they weren't near the accident site. Therefore, limit your eyewitnesses to undistracted onlookers and drivers who were near the crash site.
Health of the Witness
The age, physical health, and mental health of an eyewitness may be points of contention during the claims process. For example, an older person with eyesight problems may not be able to properly articulate the events leading up to the crash. A person of unsound mind can't be a credible witness in your injury case. Therefore, assess the health condition of your witnesses to determine whether their reports will hold up in the settlement proceedings.
Consistency of Witness Accounts
Witnesses in a truck accident may be questioned several times throughout the settlement. If the accounts given aren't consistent, the insurer will dispute their credibility. Unfortunately, the risk of inconsistent witness statements is high if you wait months to file an injury claim against the trucker's insurance. Therefore, file your case immediately after the accident, so your eyewitnesses don't forget the details of the crash.
If your truck accident claim hinges on eyewitness reports, you need irrefutable witness statements to negotiate a reasonable settlement. A truck accident lawyer can vet potential witnesses to ensure you receive compensation for your injuries.