Because none of us plan to be involved in a car accident, we often don’t know what to do when we find ourselves involved in one. While there are several important steps to take in the immediate aftermath of a collision, one of the most important things you can do if another party causes the accident is to look for a witness.
Determining Fault in a Florida Car Accident
Occasionally, the cause of a motor vehicle accident is immediately apparent. More often, however, the factors that contributed to a crash are not instantly identifiable. In fact, liability (fault) in a car accident frequently comes down to a “he said – she said” argument. One driver says he had the right of way, but the other driver claims she had the right of way. One driver says the light was green while the other driver says the light was red. Determining liability when both parties claim that the other party was at fault, and both parties are equally credible, can be extremely difficult. You may get lucky and find a traffic cam or security camera that happened to catch the accident on video or one of the involved vehicles might have dash cam footage of the collision. In the absence of video evidence, however, a neutral witness offers the best opportunity to obtain crucial evidence that can be used to establish liability.
Listen to Paul and Jason discuss this case on the LiveFeedReed podcast
The Importance of Witness Testimony
In a car accident lawsuit, the two most common issues in dispute are negligence and damages. Negligence is the legal term used to refer to fault or responsible responsibility, while “damages” refers to the value of the injuries a victim sustained in the accident. When the issue of negligence is not in dispute, the likelihood of a favorable out-of-court settlement increases dramatically for an injured victim. This is why a neutral witness can be so important in a car accident case. When the cause of the accident is not obvious, no video exists, and the parties involved offer different versions of how the crash occurred, an objective witness can be invaluable. If the case were to go to trial, a judge or jury is likely to assume that an unbiased witness with no ties to anyone involved in the collision is telling the truth, making it extremely likely that the witness’s version of events will be accepted as true.
Find a Witness – Be a Witness
Although you undoubtedly do not plan to be involved in a collision or to see a collision occur, it is important to remember the importance of finding a witness if you are involved in a crash and offering to be a witness if you observe a collision.
Your priority, whether you are a party or a witness, is to check for injuries and seek medical attention following a motor vehicle accident. After that, however, “look for eyeballs,” if you were involved in a collision, as attorney Ryan Reed says in a recent Lawyer Podcast episode. If you witnessed a collision, take 10 minutes to offer your information to the parties involved. A witness may not be needed, but 10 minutes from a neutral witness can be the difference between a lengthy and costly trial and a quick out-of-court settlement.
If you have additional questions or concerns about a Florida car accident, contact the car accident attorneys at Reed & Reed.