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Witness Statement – An Important but Overlooked Piece of Evidence

Car accidents are devastating experiences with overwhelming aftermath. After being in a car accident, the first thing you should do is evaluate your injuries and ensure you and your loved ones are taken to safety as soon as possible.

After this, it is important to protect your legal rights by speaking with the witnesses in addition to documenting the scene, writing down what you see and remember, and taking pictures.

Witnesses can be vital pieces in determining who was at fault and what happened. The police officer who will come to the scene will only write down the facts and not determine who was at fault. This is why you have to act before it’s late.

Question the witness at the scene to strengthen your case

In addition to the pictures and videos of the accident scene, a witness’s statement is a good way to prove that you were not the one at fault. Atlanta car accident lawyers also advise people to talk with witnesses as soon as possible to get a firsthand and fresh account of the accident before they forget about what they saw. Here is a list of questions that you can ask the eyewitnesses present at the scene.

1) What did you see?

First, you need to take account of what they saw. This account of the accident should be in their own words, and you must ask them first before sharing your account of the accident. When they give you an answer, then you can determine whether their statement is correct or not.

2) Did you witness the entire accident from start to finish?

Another thing you should ask is how much did they see. This will make them recall what they saw, thus allowing you to better account for the events that occurred. If they only saw part of the accident, you can ask whether something blocked their view in any way? If it did, then you will carry your case differently.

3) Where were you when the accident occurred?

It is important to understand the witness’s location at the time of the accident, their distance from the scene, and whether they had a clear view of the entire scene or not. If they were in an area with a clear view and close enough to the accident to understand what happened, you could take their statement as reliable.

4) Have the police take your statement?

Sometimes witnesses are present at the accident scene and approach the victim to ensure they are safe. But after this, they may leave the scene without giving their statement to the police. So if your witness has not spoken with the police, you can encourage them to give their statement. The police report is an essential document that you need to prove your case in court.

5) Did you see anyone else who can be an eyewitness of the accident?

The witness you are speaking to likely saw someone else who is also a witness of the accident. So if another person witnesses the accident, then their statement will further strengthen your case. Not only can they confirm what the first witness saw, but they may also be able to add to it.

Conclusion

To avoid evidence from getting tarnished due to weak memory or passage of time, you must record the scene of the accident. As mentioned above, asking witnesses the question can help you, and your sawyer understands how the accident happened and determines who was at fault.

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