How Witness Statements Help Settle Auto Injury Claims
Well-written crash reports contain many important details that help injury lawyers prosecute and settle auto claims. Unfortunately, police officers are not always able to determine which motorist caused a collision. In those cases, witness statements can be the difference between receiving a settlement or denial letter.
Why are Witness Statements Important?
There are many misconceptions regarding the auto insurance claims process in Texas. One of those misconceptions is that the at-fault driver’s liability carrier must pay for a victim’s medical bills, lost wages, and future medical treatment when presented with such documentation after an auto accident. Unfortunately, that statement is inaccurate.
Texas is an at-fault state. Therefore, Texas crash victims must do the following to recover damages from the at-fault driver’s liability policy:
Show that the at-fault driver is legally responsible for the collision; and
Prove that the collision caused the victim’s injuries.
In most instances, insurance companies will accept the responding police officer’s crash report as evidence that the at-fault driver’s negligence caused the collision. Sometimes, though, it is difficult for the responding officer to determine fault. This scenario often occurs in intersection collisions and other he-said, she-said type motor-vehicle accidents. Other times, the insurance adjuster will disregard the officer’s crash report and instead rely on the at-fault driver’s insistence that he or she did not cause the collision. In both instances, a witness statement from a credible, uninterested witness may convince the adjuster—or, if necessary, a judge or jury—that the at-fault driver caused the collision, a prerequisite to recovering damages in Texas.
How Do I Get a Witness Statement?
Since car accidents can be traumatic, a victim’s priority should be to call 911 to request police assistance and, if necessary, an ambulance. If the victim can move without pain or injury, the victim should also take steps to preserve evidence before the responding officers arrive. The victim can do so by locating and speaking with potential witnesses who can explain why the other driver was responsible for causing the accident. Potential eyewitnesses include:
Drivers and passengers of other vehicles involved in the collision;
Motorists or pedestrians who stop to render aid; and
People who live or work nearby the collision.
Since memories fade with time, the victim should get witness statements and the names, phone numbers, addresses, and emails of all potential witnesses as soon as possible. The statements should be detailed and identify who the witness believes caused the collision or violated any traffic laws. The victim should also try to get audio or video recordings of the statements using a cell phone or other electronic device. Since witnesses are generally not required to give statements or wait for the police to arrive, the victim should be polite and not try to strong-arm the witnesses to say something that they did not observe.
Speak With an Experienced Accident Attorney After a Car Wreck
If a negligent driver has injured you or a loved one, you have enough things to worry about. Do not let dealing with the insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.