Use of Witnesses in Car Accident Cases

Experienced Massachusetts Lawyer Assisting Injury Victims

If you were hurt in a car accident, you probably have questions about whether you are entitled to compensation. We understand just how overwhelming this process can seem. One of the most important aspects of pursuing a claim for compensation after a car accident is gathering enough evidence to support your claim. This can take many forms including the use of witnesses in car accident cases. Tracking down witnesses and understanding the many rules that apply to how statements from witnesses can be used is not always easy, which is why it is wise to consult with the Massachusetts car accident attorneys at The Law Offices of Barry Feinstein & Affiliates P.C. We can help take some of the guesswork and stress out of pursuing the compensation you deserve.

Use of Witnesses in Car Accident Cases in Massachusetts

One of the best things you can do after a car accident is to write down the name and contact information of anyone who is present at the scene. However, if you suffered serious injuries, it is important to first seek medical treatment. A police report prepared in response to the accident may also have names of persons who were present at the time of the accident or involved in some capacity. As part of the investigation phase of your claim, these witnesses can provide information about what they saw, the sequence of events, and who may be at fault for your injuries. It is good practice to take a witness statement as soon as possible so that the events are still fresh.

Obtaining statements from unbiased witnesses is also important. A statement from an injured passenger in your vehicle may not be the most unbiased account of what happened because he or she may also have a claim against the person who caused the crash. A statement from a pedestrian or motorist in the area at the time of the crash would provide a less biased account of what happened. Use of witnesses in car accident cases are helpful when it comes to encouraging potential defendants to settle. For example, if several witnesses state that the defendant failed to yield to a red light and collided with the plaintiff’s vehicle, then the defendant may be less willing to take the matter to trial before a jury.

Establishing Your Right to Compensation

In general, motorists have a duty to operate their vehicles with the same reasonable care and skill that a prudent and careful motorist would use when encountering a similar situation on the road. This includes traveling at a speed that is appropriate for the weather and road conditions, paying attention, and obeying traffic laws. To recover compensation from someone after a car accident, you must show that he or she failed to drive his or her vehicle according to this standard. This can include failing to yield the right-of-way, drunk driving, distracted driving, or reckless driving.

After showing that the defendant did not drive with due care, you must prove that there was a connection between this failure and the injuries that you suffered. If the defendant can point to some other factor as the main cause of your injuries, then you may not be able to recover compensation from that defendant. This can include wet roads or poorly designed roadways. Eyewitness testimony from the accident can play an important role in establishing this causal connection.

The last step of recovering compensation involves providing evidence to support the damages that you are claiming. This often includes past and future estimated medical expenses, reduced earning capacity due to permanent disabilities, missed wages from taking time off as a result of the accident, and more. A Massachusetts lawyer can help you ensure that you seek the full amount of compensation that you are owed.

Meet With an Attorney in Massachusetts

Car accidents lead to a variety of injuries and damages that can put serious financial pressure on the victim and his or her family. Pursuing compensation is one of the best ways to cope with the crash and to make yourself whole again. The lawyers at our firm are available to serve clients in areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. We will take on the responsibility of gathering evidence to support your claim and ensure that your rights are protected. To schedule a free and confidential consultation call us at  (800) 262-9200 or contact us online to get started.