Try to be objective (which can be challenging) and stick to the facts themselves, leaving out guesses, feelings, opinions, or personal biases about the other driver. When you recount the accident and make your own witness statement, take your time and recall in as much detail as possible what you were doing prior, during, and after the incident occurred. Were the drivers wearing seatbelts? Were their passengers wearing seatbelts?ĭid anyone appear to be injured when they got out of their vehicles?ĭid you hear any squeals or tires screeching as if someone was trying to avoid an accident?ĭid you call 911, or were emergency services already at the scene? Creating a witness statement for yourself. Was there anything else at the scene of the accident that could have impaired the driver’s vision or ability to maneuver on the street? Were there any traffic lights, and what color were they when the accident happened? What time of day was it, and what was the weather like? Where were you located when you saw the accident? Overall, you’re trying to answer the who, what, when, why, and how questions of the accident. But if you can, here are some questions you’ll want to ask your witness-and remember, details are critical. A personal injury attorney usually can if you can’t get these statements yourself. Note that it’s best to get these statements as soon as possible, as people tend to forget details or embellish a story over time. This type of statement will serve as evidence and aid a personal injury attorney, such as KL, in proving the other party is at fault. Generally speaking, it’s someone who has nothing to gain monetarily from the accident so that they can provide an objective and accurate statement. It could be a witness from a business who saw the accident, a passerby, another driver at the scene, etc. It must be a first-hand account of the event to be viable at a trial. The statement mustn’t be hearsay or conjecture by someone who only heard about the incident. What is the witness statement?Ī witness statement is a short, written account of the accident by someone who actually witnessed the accident. Because when you file a personal injury claim, and it comes down to your version of the accident versus the other driver’s version of the accident, the witness statements can mean the difference between you getting a fair settlement for a large sum of money or not recovering any money at all. Why? Because if there were any injuries, you’d need proof you weren’t at fault. Great! Now what? Well, now you need to see if anyone witnessed the accident and get a statement from those witnesses. You’ve assessed the situation, determined if anyone needs first aid, called the police, and exchanged insurance information with the other driver. Let’s say you’ve just been in a car accident.
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