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The Power Of Witness Testimony In Arkansas Car And Pedestrian Accident Claims

  • By: Bradley Mullins, Esq.
A woman gestures near a car accident scene as others talk, showing witness testimony importance.

In this article, you will discover:

  • The importance of witness testimony in Arkansas car-pedestrian accident claims.
  • The importance of gathering witness testimony immediately following an accident.
  • How an Arkansas personal injury attorney ensures witness testimony is preserved and presented.

Why Is Witness Testimony Often A Deciding Factor In Car And Pedestrian Accident Injury Claims?

The jury views the plaintiff and defendant as having opposite interests in a claim. If you have a neutral, third-party witness testify, they have nothing to gain. If they don’t know the parties, they can give an objective observation of what they saw.

What Types Of Witnesses Can Strengthen A Personal Injury Case After A Car Or Pedestrian Accident?

There are different types of witnesses in car or pedestrian accidents. Someone who witnessed the accident can testify about what they saw and help prove fault and liability:

  • How the accident happened
  • What happened leading up to the accident
  • What happened after the accident

Some witnesses can testify about your life after restrictions due to a car accident:

  • How long you were off work
  • How long you were in bed
  • How long you couldn’t do everyday activities of life or enjoyment, such as gardening or playing with grandchildren

Those witnesses can be doctors who testify about your medical treatment and restrictions during that treatment. Laypeople, friends, family and neighbors can also testify about what they witnessed during your recovery.

Finally, if you file a lawsuit and go to trial, expert witnesses can testify. They can offer not only their observations but also opinions based on their experience, skills, training and education regarding future restrictions you may face.

How Soon After An Accident Should Witness Statements And Contact Information Be Collected?

Collect witness statements and contact information as soon as possible. People move, change phone numbers, or disappear just when you need them. If witness testimony is crucial to your case, it’s vital to obtain it early and preserve it.

What Makes A Witness Credible In The Eyes Of Arkansas Courts And Insurance Companies?

If you give a witness statement or interview at the time of the accident and later testify with 100% consistency, that makes you a credible witness.

A witness who was closest to the accident, rather than one who saw it from a mile away, is also more credible. The witness who saw the accident from a distance might be persuaded to think they were mistaken in what they saw.

How Can A Personal Injury Attorney Ensure Witness Testimony Is Properly Preserved And Presented?

An attorney in a personal injury claim has multiple roles:

  • Advocating and fighting for you
  • Advising you about the risks and benefits presented at different stages of your case
  • Investigating and building your case by making a file of what happened before, during and after the accident, as well as the treatment you received

In short, a personal injury attorney ensures that the investigation is complete and accurate enough to make your case stronger at settlement or, if necessary, trial.

Case Study: When Witness Testimony Validated A Client’s Experience After They Were Doubted

We had a client who was crossing the street after work when a car blew through a stop sign and ran her over, causing her severe injury. Fortunately, a gas station attendant had surveillance video of the driver coming through the stop sign without hitting his brakes.

The at-fault driver tried to say our client was at fault for not using a crosswalk, that there was plenty of daylight for her to see and that she walked out in front of this car. However, the gas station’s video showed the driver running over our client, throwing her several feet in the air before she landed on the gravel, where she was severely injured.

She was so severely injured that she couldn’t remember what happened.

We didn’t file a lawsuit, but we worked hard to get the video. While the gas station wouldn’t send it to us, they invited us to watch it. We watched the video and used the recording to prove to the insurance company that our client’s account of what happened was accurate.

Our client made a full recovery and received over six figures in compensation because she was able to tell us where to find evidence supporting her claims.

Still Have Questions? Ready To Get Started?

For more information on witness testimony in Arkansas accidents, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (479) 227-3060 and (479) 412-4878 today.

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