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Witnesses can make or break your personal injury case. How you manage their involvement from the first moments after a car accident will go a long way to helping you build a strong case. So, what should you and not do with witnesses? Here are a few key do's and don'ts.
Do Ask Right Away
Many victims should begin looking for witnesses as soon as the accident occurs. Your first priority, of course, is your health and safety. But getting contact information, at a minimum, from strangers who may have witnessed something is particularly important. Ask a friend or associate to do this if you can't. You may also have to rely on the police at the scene.
Don't Be Pushy
Some people will prefer not to stick around after an accident in public. Others won't want to get involved in a longer legal process. This is their prerogative, so don't get combative with anyone who doesn't cooperate. If a potential witness is hesitant, your attorney may be able to assuage their concerns or even decide if a subpoena and deposition are appropriate.
Do Get It In Writing
If you can get a statement, ask the person to tell their story freely and without too much prompting on your part. Then, ask them to write down what they witnessed or do so as they tell you. Written notes are vital to ensure that the testimony is reliable, nothing is overlooked, and you have something for your lawyer to work with later.
Don't Ask for Favors
Whether the witness is a friend or a stranger, don't ask them to hide anything or lie for you. Coercing, lying, hiding, or feeding information to a witness can ruin your case. And it may even be against the law. Look for good witnesses and, if necessary, other forms of evidence that help make up for gaps in your case. Don't try to alter the ones you have.
Do Be Appreciative
Make sure you are kind and appreciative to any witnesses who agree to participate. They are doing you a favor, so be understanding and respectful. A witness who feels that you aren't solely focused on what you can get from them is more likely to cooperate. It also helps you and them draw out more of their memory, which can help your case.
Where to Start
Whether you've recently been in a car accident or you're preparing for court, the time to develop the best witnesses is now. Meet with a car accident lawyer in your area today to learn how they can help.
Share7 February 2023
