Experiencing a car accident in Indiana can be a life-altering event. You could sustain injuries that leave you needing long-term medical care, leading to both significant expenses and an inability to live your life as you used to. Fortunately, in Indiana, you may have the right to file a claim to recover money for your losses if the crash was another party’s fault.
To obtain a settlement from an insurance company, you’ll need to present ample evidence demonstrating the other party behaved negligently. This is when witnesses become invaluable. Witness testimony in Indiana car accident claims allows you to present a clear idea of how the accident occurred and whether negligence played a role.
This testimony can come from people who were present when the accident occurred, including bystanders and passengers, as well as from expert witnesses. These people are professionals like accident reconstructionists, mechanics, and engineers who can provide information on what led to the collision.
If you’ve been in a car accident and are starting a claim against the other party, clearly understanding the types of testimonies you need is essential. In this article by the experienced Fishers car accident lawyers at SLG Accident Attorneys we outline what you need to know about witness testimony in Indiana car accident claims and how a legal representative can help you through the process.
The Power of Testimony From People Who Witnessed the Car Crash
People who were present when the accident occurred can offer important information that could prove that the other person was negligent. There are a number of people who could serve as eyewitnesses, beginning with passengers.
The passengers in your vehicle or in that of others who were nearby when the accident happened can help support your claim. Keep in mind that the testimonies of the passengers in your vehicle might not be as effective as those of other people because there could be an expected bias in whatever they say.
Typically, the most helpful eyewitness testimonies will come from bystanders. These are people who may have been walking nearby or were otherwise near the accident site. They will have a unique view of the collision that can provide insight into what happened.
Although not human witnesses, it’s also possible to rely on surveillance videos. Footage from traffic or security cameras is objective, presenting an honest look at how the crash occurred.
It’s always a good idea to try to speak with any eyewitnesses right there at the scene of the accident. Getting their testimony while it’s still fresh can be highly valuable.
That’s not always possible to do, however. If you’re too injured and need to go to the hospital and there’s no one else who can get eyewitness statements, you may have to rely on the police report.
The police report should have all of the names and contact information of those who were present at the scene, allowing your Fishers personal injury lawyer to follow up on what they saw. As with other types of personal injury cases, the witnesses may be interviewed by the other party’s insurance companies to try to discredit their testimonies in any way they can.
What Is an Expert Witness and How Can Their Statements Help?
Understanding who’s liable for a car accident isn’t always simple. For example, there may be mechanical issues that caused a car to malfunction or road conditions that could have contributed to the crash. In those instances, expert witness testimony in Indiana car accident claims can be vital.
An expert witness is someone who is a specialist in a field that is pertinent to the case. Accident reconstruction experts belong to this category. They gather information from the police report, videos, and photos to recreate how the collision happened.
To provide the most accurate information, they may use a variety of technologies to create interactive models. They can then present a report of what they found that insurance companies, juries, and judges can use to make a decision on the claim.
Other important expert witnesses include medical professionals. They can examine you and present their findings on what they think caused your injuries.
This tends to be important in all cases, but it can be even more so if you have pre-existing medical conditions. Insurance companies might try to claim that your condition led to your suffering, not the accident. Medical professionals could offer evidence that says otherwise.
Medical expert witnesses can also provide a look at what the treatment process will be like, which is important when determining the damages that you can claim. If you’ll need future medical care, these expert witnesses can offer an estimate of what this care will cost and how it will impact your life.
Why Expert Witnesses Can Help Your Claim
Expert witnesses can help with a number of factors, including the establishment of liability. If the other party continues to deny their fault in the accident, having unbiased testimony from a professional paints a clearer picture.
Having powerful expert witness testimony in Indiana car accident claims can also give you a chance to get a better settlement. The stronger the evidence against the other party, the higher your compensation can turn out to be. The right testimony can also speed up the negotiations.
If the case goes to trial, expert witness testimonies can help convince the jury that you deserve compensation for what you’ve suffered. The jury may be more likely to be swayed by factual evidence that clearly shows what led to the collision.
What to Consider When Choosing an Expert Witness
Finding the appropriate expert witness for your claim can take some searching. Credibility is a significant factor, so you should always strive to hire people who are at the top of their field.
Look closely at their credentials. Consider what kind of education they received and how long they’ve been working in their field. If they have certification, belong to national associations, or have published papers, that can all be good signs that they are a leading voice in their area. It can also be helpful to choose someone with trial experience.
The expert witness you select should also have strong communication skills. They must be able to state complex topics in simple terms so that insurance companies and jurors can understand them. They should also be able to remain composed when being questioned by the other party.
Expert witnesses need to be relevant to the case. For example, if you suffered a traumatic brain injury, you’d need an expert who has a background in those types of injuries. Hiring a podiatrist to provide evidence would not be appropriate or relevant.
There also has to be a perceived lack of bias, so make sure to hire a witness that others will see as trustworthy. Hiring an expert witness who is also a family member, for instance, could be seen as suspicious by insurance companies and jurors.
How to Prepare a Strong Car Accident Witness Statement
But what should you do if you are a witness to a collision? Providing witness testimony in Indiana car accident claims is important and typically involves writing a statement. There are a few things to consider as you do so.
Clearly State the Facts
Seeing a collision can prompt strong emotions that can cloud the facts. When writing a witness statement, try to stick to exactly what you saw without making conjectures or bringing feelings into the process. You should include information such as:
- Precise accident location, including the street, proximity to well-known areas, and major landmarks
- Vehicle description
- Time of day
- Road conditions
The statement should also include a detailed description of exactly what happened from the moment you realized there was an accident occurring.
Display Objectivity
It’s important that you don’t include anything about fault or that you speculate on what the cause of the accident was. For example, if you think the person who caused the collision was intoxicated, it’s helpful to describe how they were acting rather than stating outright you believe they were under the influence.
Leave room for the police to come to their conclusions, and only state what you saw in the most objective terms possible.
Use Plain Language
When writing your witness statement, avoid complicated language. Keep your sentences short and to the point. This can prevent confusion and ensure that your message gets across.
Consider Including a Diagram
Offering a visual representation of the accident can also be helpful in many instances, especially if the crash involved a few vehicles. You can show where the cars were on impact, whether there were pedestrians around, where you were standing, and numerous other pieces of information that could be critical to the claim.
Be Honest About Uncertainty
If you don’t know exactly how a particular aspect of the accident occurred, be honest and state so. That can help police officers much more than stating something that you’re not sure is true.
I Witnessed a Car Accident in Indiana. Should I Get Involved?
It’s common for people not to want to get involved in traffic accidents because they can end up being summoned to speak with insurance companies and even to court. You may also worry about one of the drivers getting frustrated at your testimony and becoming confrontational.
All of these things can lead you to walk away if you witness a car accident, but you could be the person who can bring clarity to the entire situation. Your unbiased testimony may make all the difference in the case’s final outcome. If you do decide to help, make sure to take the following steps after the crash.
Ensure Your Safety
Before being able to help anyone else, you need to help yourself first and get out of harm’s way. You never know when a vehicle will catch fire or windows will shatter. If the car is in the middle of the street, it could lead to further accidents, so even if you’re standing on the sidewalk, you could be injured.
It’s a common impulse for people to rush to help others who may be on the ground or still in the vehicles, but it’s better to leave that to paramedics. Some injuries, like spinal cord injuries, can get significantly worse if the person is moved incorrectly.
Call Emergency Services
Even if you think someone else probably already called emergency services, do so again. No matter the severity of the injuries involved, police and paramedics need to get to the site of the accident as soon as possible.
Speak With the Police
Once the police get to the scene, let them know that you were a witness to the accident. Unless they tell you to leave, stay at the scene so that law enforcement can get your statement. It could take a few minutes for them to do so because they will be speaking with the people actually involved in the crash, but they’ll get to you as soon as they can.
As you give your statement, ensure that you provide your full contact information, too. That will allow lawyers to get a hold of you when the time is right.
Prepare for Calls From Lawyers and Insurers
If one of the people involved in the collision decides to begin a claim for compensation, you and all other witnesses will likely be called to provide their testimonies for the insurance companies and attorneys. In cases when a settlement isn’t possible, the plaintiff may choose to file a lawsuit, and that means you could be called to testify.
Knowledgeable Indiana Car Crash Law Firm
Being in a car accident can be devastating. If you have suffered injuries because of another party’s negligence, you may be entitled to compensation due to Indiana’s fault-based system. To receive these funds, though, you’ll have to have evidence that shows how the accident occurred.
Witness testimonies are essential components of any personal injury case. At SLG Accident Attorneys, our experienced team of personal injury lawyers can offer the assistance you need to navigate your claim — including securing witness testimony.
We know how difficult this moment in your life may be, and we are dedicated to easing some of the burden. Contact us to schedule your free consultation today.
