- September 24, 2024
- Tucker Law
- Car Accident Lawsuits
Car accidents can leave you with physical and emotional trauma that impacts your everyday life. Unfortunately, these injuries can also deal significant blows to your finances — especially if you have suffered serious injuries that your no-fault insurance won’t cover. If that’s the case, you may be able to file a claim against the other person involved in the accident. Pursuing a lawsuit, however, requires demonstrating that the other party was to blame for the collision. You’ll have to gather evidence to show that the accident happened as you say it did, which is why witness testimony matters in a car accident claim.
If you’re preparing to file a claim, you need experienced car accident lawyers who can help you prove you deserve compensation. At Tucker Lawyers, our team can assist you through all steps of the process.
Call our lawyers at (516) 399-2364 to schedule a free consultation.
Why Witness Testimony Matters in a Car Accident Claim
Proving Liability to File a Lawsuit
Because New York is a no-fault state regarding car accidents, most people don’t think too much about proving that they were not to blame for a collision. You just file a claim with your insurer and receive compensation using your no-fault insurance. That process works very well if you have minor injuries, but what if you suffer severe ones that result in days in the hospital and weeks of missed work? Once you meet New York’s severity threshold regarding injuries, you can step outside of no-fault laws and pursue a lawsuit.
However, doing this means you must prove the other party holds the majority of the fault in the collision. To do so, you’ll need to gather evidence, and one of the most important types of evidence you can pursue is witness testimonies.
Witness testimonies matter in a car collision claim because they bring credibility to your version of what happened. A witness who is able to provide lots of details about the accident that match what you’ve said can help paint a very clear picture of what occurred.
They also offer an unbiased perspective. Witnesses won’t know you or the other person involved in the crash and will, therefore, not have a bias for or against anyone. They’ll provide their honest viewpoint. That’s why their testimony carries so much weight in court.
Their testimony is particularly important if there are disputes over what occurred. The details they provide can fill in lots of gaps and push the narrative toward the truth.
We’ve helped clients recover significant sums in jury awards and settlements. Recently, we won a $1.5 million settlement for a client in a car accident claim.
Crucial Information to Gather From Car Accident Witnesses
The first thing you need to do is get their full name and their contact information. If possible, get a few different ways of reaching them, including email and phone numbers. The next step would be to get an account of what they saw. Ask them if you can record what they say or even film them. If they would rather not be recorded, take lots of notes. Most of the time, these won’t be used in court, because it’s better to summon a witness to testify in person; nevertheless, your recordings or notes can establish that the witness’s statements remain consistent.
How to Approach Witnesses of a Car Accident
Remember that anyone who witnesses a car accident can be shaken up. Don’t be aggressive or rude when you speak to them, even if you’re emotionally upset, too. Try to remain as calm as possible and be polite. Above all, make certain you ask them if they are willing to provide a statement and if they may be called upon later to testify, if necessary.
Not everyone wants to serve as a witness, and they have the right to refuse. You should still get their contact information. We may be able to address any worries they may have about providing their statement.
Protecting Witness Information
If a witness gives you their information, you need to keep it safe. Witnesses have a right to privacy, and you should never share things like their phone number, or even their name, with anyone but your lawyer. Don’t write anything on social media that mentions the witnesses, and don’t let others besides your attorney hear or read their testimony until it’s time to file the claim.
Why Hiring Our Car Accident Lawyers Can Benefit Your Claim
When filing a claim outside of New York’s no-fault laws, you need to hire personal injury attorneys to help you. At Tucker Lawyers, we provide a variety of services, beginning with performing a full case assessment to get a clear idea of how the accident occurred and whether we can help.
We’ll investigate the accident and begin gathering evidence. This is when we can reach out to witnesses and speak with them about what they saw. If they’re reluctant to offer statements, we can answer all of their questions and address any worries they have. Most people want to help, and we have a good track record of putting witnesses at ease.
At the same time, we know just how to negotiate with insurance companies. We won’t allow them to intimidate you into taking a low settlement if you deserve more. We’re fierce negotiators and will strive to get you the assistance you need. If we see that negotiations aren’t progressing, however, we can also take your case to court. That will give you a chance at a fair jury award.
Schedule a Free Consultation With Our New York Team
If you’ve suffered injuries in a car accident because of someone else’s negligent or wrongful conduct, you may be eligible to file a personal injury claim and receive compensation. One of the most important things you can do is hire experienced attorneys who know how to handle these cases. At Tucker Lawyers, our team can help you get the compensation you deserve.
Contact Tucker Lawyers by calling us at (516) 399-2364.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]