How Much Does An Eyewitness Account Help Your Accident Claim?

In many accident claims, the only witnesses are those involved in the accident. Consequently, it becomes the word of one driver over the other. So when there are other witnesses, it can be a critical component of determining who was actually at fault for the accident. 

Were There Other Witnesses?

One of the first things that an adjuster will want to know is if anyone else besides the drivers witnessed the accident. Having an outside third party without any agenda helps iron out any discrepancies in both drivers’ accounts. When such conflicting versions exist, the adjuster can decide which version is more accurate based upon the statement of the third party. 

Not All Witnesses Are Equal

But eyewitnesses are not all equal. Depending on their vantage point and what they were doing, which could also include moving out of the way for their own safety, the eyewitness account may not always be the most reliable. 

When investigating a car accident claim, the reliability or credibility of an eyewitness must be weighed depending on many factors:

• What was the vantage point? Were they driving with the potential of being caught in the accident or was the observation from a safe position?
• Did the eyewitness see the whole accident unfold or only a part of it?
• Was he or she distracted by other things going on?
• Did the eyewitness actually see the accident, or are they relaying information by another individual?
• Does the eyewitness have sufficient eyesight or hearing to have witnessed the events to the detail they are expressing?
• Was the eyewitness confused or intoxicated?
• Does the eyewitness have a history of lying?
• Does the eyewitness have any interest in the outcome of the claim?
• Is the eyewitness a convicted felon?

While it is usually helpful to have eyewitnesses when you have been involved in an accident, the credibility of that witness is important to how much weight will be given to their statement regarding your accident. 

Getting Legal Advice

If you have been injured in a car accident in Ontario, it is always a good idea to get the input of an Ontario car accident lawyer to understand your legal options and rights. At Hilborn and Konduros, we can help. Call us at (519) 658-6341 or contact us online to schedule a no-cost consultation to discuss your claim.