Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

Key questions to ask car accident witnesses

On Behalf of | Jan 21, 2025 | Personal Injury |

In the aftermath of your car accident, you’ll have to diligently gather evidence if you want to be successful on a personal injury claim. While this includes gathering police reports and medical records as well as preparing your own account of events, securing witness testimony is likely going to be the cornerstone of your case. Without it, you might struggle to convince a defendant to settle with you, and a jury might have a hard time taking you at your word without any corroborating statements.

Therefore, as you start developing your legal strategy, it’s critical that you quickly identify potential witnesses and figure out what they’ll say if called to the stand in your personal injury trial. But we know that it can be hard to figure out what to ask a witness, which is why we’ve complied a list of straightforward questions that should help you spur the conversation with a potential witness so that you can secure the information needed to move forward with your clam.

Before you even get to the point of filing a legal claim, you need to speak with those who witnessed your accident. When you do, you should be sure to ask them the following questions so that you have a better idea of how they can help support your case:

  1. What did you see? Perhaps most importantly, you need to know what each witness actually observed. Don’t share your account of the accident with them first, as this can taint their recollection of events. You want their own memories of the crash and in as much detail as possible. So, be sure to ask follow-up questions that clarify what they saw. Once you have a complete answer to this question, you’ll have a good idea of how helpful their testimony could be for your claim.
  2. Where were you located? This is a question that the defense will likely ask the witness if they’re called to testify, with the goal being to show that their location at the time of the accident diminished their view of the circumstances leading up to the crash. So, be sure to clarify where they were when the wreck occurred so that you have a better idea of the weaknesses in their testimony.
  3. Did you see the entire accident? In a lot of accidents, witnesses only catch the tail end of the wreck when they hear tires screech or vehicles collide. This testimony isn’t as powerful or helpful as that which illustrates the events leading up to and including the accident. Check with each witness to see what they really saw so that you present the testimony of those who are most beneficial to your case.
  4. Was there anybody else who may have seen the accident? You’ll want to speak with every witness who observed the accident. But you may not know who those people are off the bat. By asking each witness if they’re aware of anyone else who saw the wreck, you can ensure that you’ve been thorough in identifying potential witnesses which, in turn, could generate more leads than you initially anticipated.

There’s a lot to do after a wreck. And a successful personal injury case has many moving parts that have to be adequately addressed. If you try to cut corners in your case, or if you simply don’t know the best way to build your claim, then you’re at risk of obtaining a bad outcome. You certainly don’t want that to happen, which is why now is the best time to start developing the sound legal strategy needed to position yourself for success.

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