Car accidents can lead to serious injury, lost work time and subsequent economic distress. Ergo, victims who believe that said incidents were caused by another party’s negligence might want to seek compensation from such individuals through a civil action known as a lawsuit. That said, success often hinges on the injured subject’s ability to prove fault and produce suitable evidence supporting their claims. In many instances, solid eyewitness testimony is crucial to these endeavors. If you have been injured in a car accident it is vitally important that you retain the services of an experienced car accident attorney who can assist you with maximizing your claim.
The Value Of Witness Statements
As previously stated, amongst the keys to success in a civil suit is producing evidence clearly demonstrating that the incident in question was not the plaintiff’s fault. Witness statements are vital because these are official, documented accounts offering neutral, third-party descriptions of the events leading up to and during the accident. Without such testimony, a discernible percentage of the plaintiff’s case could be trying to prove their word against the accused’s.
Proving Fault
Witness statements often prove critical to helping an adjudicating body determine fault. The State of Texas adheres to a civil law principle known as modified comparative negligence. This mandate establishes two important issues.
First, the plaintiff is eligible to receive compensation only if a judge or jury rules that said claimant is no more than 50 percent to blame. Should the plaintiff be assigned 51 percent or more fault, said individual is entitled to collect no compensation whatsoever.
Second, the claimant’s total compensation will be reduced by the percentage of blame the adjudicating body in question assigned them. For example, if the plaintiff sued for $200,000 but was found 10 percent at fault, said party’s compensation would be reduced by $20,000. Therefore, the claimant would only walk away with $180,000.
Proving Important Personal Injury Law Mandates
Automobile accidents fall under the purview of personal injury law. In every personal injury case, the plaintiff and said subject’s legal team are required to demonstrate each of the following mandates, the accused party committed a negligent or malfeasance act, said action precipitated the mishap in question, the injuries the claimant sustained are related to the accident and no other preexisting physical issue or medical problem and the compensation sought is solely related to those injuries.
Documented eyewitness testimony goes a long way in helping a presiding judge or jury make these critical determinations.
How a Car Accident Attorney Can Help Obtain Witness Statements
Identifying and interviewing helpful witnesses should be a priority for an injured party in the moments immediately following an accident. An experienced car accident attorney can provide the resources and expertise to obtain valuable witness statements. Naturally, other actions, such as notifying local authorities, ensuring the incident scene is safe and secure and that all involved parties receive necessary medical attention should be performed first.
A car accident attorney can help obtain the name, addresses and phone numbers of potential witnesses and get their recorded or written statements from them. Responding law enforcement officers might also gather this pertinent information. Witness testimony often proves critical to building a case. Therefore it is essential that a car accident attorney is involved from the beginning.
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