Witnesses can play a key role in the resolution of car accident lawsuits, often helping along the insurance claims process. However, just because no one witnessed the scene, does not mean you have no claim. As such, documentation and evidence become even more important as your claim goes forward.
If a case has no witnesses, the witness is not willing to speak or someone makes an inaccurate statement, understand what you can do to prove your side of the story.
The Police Report
At the scene of the accident, police officers serve as neutral, unbiased witnesses. The police report must include both yours and the other driver’s statements, so make sure you describe what happened in a clear and detailed manner.
Reconstructing the Scene
In certain instances, it can be clear who was at fault. Yet, T-boning or accidents that occur at a camera-free intersection can be harder to prove, as both vehicles will likely display some degree of damage. As a result, conditions and actions at the scene play a greater role.
An attorney may recommend that you work with an accident reconstructionist, who can determine which vehicle had the right of way, the timing of the incident, how fast the cars were going, the impact, any weather conditions, and whether someone went through a red light or stop sign. At this point, most of the fault is assigned to one driver.
Put Together Your Own Evidence
At the scene, take as many photos as you can of the damage and the setting:
- Use your camera phone to take shots of the damage done to both vehicles from multiple angles.
- Capture the timing of the traffic signals or anything else pertinent – perhaps weather conditions.
- Photograph the rest of your surroundings, including skid marks, shattered glass, lighting, reflections from the sun, any obstructions and any property damage.