Witness Statement for Car Accidents

After a car accident in Las Vegas, a witness statement can be the difference in recovering compensation or not. Therefore, it is critical to ask any eyewitnesses for their contact information since speaking to them immediately isn’t always an option. After you seek medical attention, you can reach out to them and ask for the following details.

Important Information to Collect from Witnesses

Make sure to ask a witness the following:

  • Where were you in relation to the accident? How are away do you think that is?
  • How long were you on the scene?
  • What were you doing at the time of the accident?
  • Where were you coming from and going to?
  • At what point did you notice the accident? (before, during, or after)
  • Did you have a clear view of the entire accident, or was your sight obstructed at any point?
  • What time do you think the accident occurred?
  • Do you know which directions the vehicles were traveling and their positions before the accident?
  • Do you know why the accident occurred and the positions of the vehicles after?
  • What distance do you think the cars were from each other before and after the collision?
  • What was the weather like?
  • Did you make any observations about the other driver involved? (e.g., did they appear injured or intoxicated?)
  • Did anyone involved in the accident say anything to you?
  • Do you know anyone involved in the accident? (ensure there is no bias)
  • Did you notice if anyone else saw the accident? (they may be able to provide leads to other witnesses)

Always stick to the facts rather than asking their opinion about the collision. Lastly, ask if they are willing to write down their description of how the accident occurred or if they can make a recording on their phone and send it to you. If possible, also ask them to draw a diagram of the collision.

The Importance of a Witness Statement

A witness statement can offer key details of your accident from an objective point of view. Since they are independent parties who typically do not have a stake or preference in a case’s outcome, they can be powerful pieces of evidence if they support your version of the events, and especially if they heard the other party admit fault at the scene. When there are no witnesses to a crash, it typically turns into a your word against theirs type of case. As a result, it may take much more investigation and evidence to ensure the insurance company places liability on the appropriate party.

Statements from credible witnesses also promote settlement offers. Although the insurance company will not simply side with a witness, they will be more prone to negotiate a fair settlement agreement rather than risk trial. If your case does make it to court, it is vital to already have a written or recorded statement from a witness. The reason is that it could be years until your court date, and witnesses’ memories tend to fade. A written or recorded statement from immediately after the accident can be much more compelling proof of fault.

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