Witnesses in He Said/She Said Car Accident Claims
When liability for a car accident is disputed, a judge will consider the evidence of any independent witnesses who saw the incident unfold. This can be fundamental to the success of a case.
He said/she said car accident claims
It is very common for those involved in a car accident to blame each other. Each person may have a different version of events, with each saying the other is at fault for the collision. These are known as he said/she said cases (or she said/she said, or he said/he said, as the case may be).
This can pose something of a problem for the judge, whose job it is to determine exactly who is liable for the car accident. In turn, this will dictate whether the Plaintiff in the case is eligible to receive compensation, and how much. The judge will make this decision based on various factors, including
- The evidence available
- The credibility of the Plaintiff and the Defendant
- The testimony of witnesses
The importance of witnesses in he said/she said cases
Where there is little other evidence available, the testimonies of independent witnesses can be key. If a witness supports the Plaintiff’s version of events – and is considered to be reliable – then the judge is much more likely to find in the Plaintiff’s favour. A credible witness can therefore underpin the success of a car accident claim.
In light of this, if you are involved in a car accident, it is prudent to get the names and contact details of any witnesses who saw the accident happen. If liability is contested, these witnesses can be asked to provide a testimony. So long as their testimony is consistent and corroborates your side of the story, it will significantly strengthen your case.
If you do not manage to speak to any witnesses at the time of the accident, it is always possible to advertise for witnesses to come forward at a later date. If the police were called to the scene, they will have taken the names and contact details of witnesses as part of their investigation.
Can you make a car accident claim?
If you have been injured in a car accident and you think the other driver was at-fault, please contact us at John Mickelson Law Corporation. We can assess the evidence available before advising whether you have grounds to make a compensation claim.
It does not necessarily matter if the other side says you are to blame. If we believe you are eligible to compensation, we can prove this using any means available – including the testimony of independent witnesses.
To speak to our Vancouver personal injury lawyers, contact us for a free consultation. Either fill in the free online enquiry form or call us on 604 684 0040.Go back to Blog