How witness testimony can help or hurt your case
Witness testimony for car accident can sometimes help the outcome of your case. However, the witness must be credible, and the testimony must show the other driver was at fault.
When can you sue another party in a New York car accident case?
In New York, drivers carry no-fault insurance. Therefore, in many cases the insurance covers damages. However, when your injury meets the severe injury threshold, you also can sue for damages. Furthermore, to sue for damages you must prove the other driver was at fault for causing the accident. Courts will reduce your damage recovery by your percentage of fault. In other words, if you were 20% at fault and the other party was 80% at fault, you could recover 80% of the compensation for damages.
How witnesses figure into proving fault
Factors that make a witness believable as far as proving fault include that they were:
- Drug and alcohol-free when the accident occurred
- Someone other than a family member or friend
- Morally strong and had no criminal background history
- Physically and mentally sound
What factors can make witnesses lose credibility?
Opposing counsel can cast doubt on your witness’s credibility when:
- They didn’t see the whole accident
- The person was distracted at the time (texting or talking on a cell phone, etc.)
- The witness offered accounts of the accident that were inconsistent
- Your witness was a family member or friend
- The individual had a financial interest in the claim
- Old age, mental health, IQ, or physical condition made it difficult for them to express what they saw
Unfortunately, a witness who isn’t credible can cast doubt on your claim. Your attorney can interview and evaluate whether a witness would help or harm your case.
Speak with your lawyer about witness testimony for a car accident claim
When involved in an accident, it is wise to gather contact information from potential witnesses. Be sure to pass on the information to your accident lawyer. At the Law Office of John Fazzini, we will a devise a case strategy based on the details of your accident. Our initial consultation is free. Fees only apply if we pursue a case and settle or win in court.