How Can Witnesses Help Establish Fault in a Car Accident Injury Claim?

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With your car accident happening so quickly, it may be difficult to recall the exact events and factors that contributed to it. This is where witnesses can come into play. Continue reading to learn how witnesses can help establish fault in a car accident injury claim and how an experienced Toronto car accident lawyer at Merricks Law Group, P.A., can also offer assistance.

Who is considered a witness to my car accident?

A witness to your car accident may be someone who you least suspect. Examples are as follows:

  • A pedestrian walking on the street your accident took place.
  • A business owner on the street your accident took place.
  • A car driving on the street your accident took place.
  • A passenger in any vehicle involved in your car accident.

Can witnesses establish fault in my car accident injury claim?

For your car accident injury claim, you will need to fulfill your burden of proof and collect enough physical evidence and testimonial evidence that determines who and what caused your accident. An important piece of this is witness testimony. Notably, a witness can offer their testimony to any or all of the following parties:

  • A law enforcement officer conducting an accident report at the scene of the accident.
  • An insurance adjuster who is determining a payout for the accident claim.
  • A jury who is determining a compensation amount for a personal injury claim.

And so, a witness can relay their perception of how the accident played out, and therefore can promote the credibility of your evidence and your overall claim. They may even be able to better assign fault. For example, they may unveil that the city is at fault for insufficient traffic lights, signals, or signage.

What should I do to get my witness to establish fault?

When collecting physical evidence at the scene of your accident, you must also take the time to collect the contact information of any present witnesses. This may include the following pieces of contact information:

  • The witness’ name.
  • The witness’ phone number.
  • The witness’ email address.
  • The witness’ residential address.

You must confirm that you have the witness’ consent to collect their information and contact them for testimony. Also importantly, you may want to obtain their testimony while the memory is still fresh for them. In addition, you may want to do so before an insurance adjuster contacts them.

In the end, you should not be punished because you are struggling to recall the entirety of your accident. So, for assistance in gathering legitimate and favorable witness testimonies, you must reach out to a skilled Toronto auto accident lawyer. We look forward to hearing from you and kickstarting your claim.

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