Car accidents are a common occurrence in Arkansas. However, most car accident victims are not sure how to go about proving and winning their lawsuits.
One thing that will help you recover compensation in a car accident is witness statements. Witness statements can help support your claim, especially statements that show the other driver caused your injuries. The more detailed a witness’s statement is, the better chance you have of winning your case.
For a free review of your case with our Fayetteville car accident attorneys, contact us at (479) 316-0438 today.
How Can Witness Statements Help Me Win My Car Accident Lawsuit in Arkansas?
A witness statement is a very important part of a car accident lawsuit in Arkansas, and it can make all the difference in proving fault in your case. A witness statement is a written account of a car accident and is used as evidence in a lawsuit to prove an element of the case. It typically includes information about what happened before, during, and after the accident. It should also contain information regarding who was involved and how they were injured.
The purpose of this statement is to provide an accurate description of what happened in order to aid our Arkansas car accident attorneys in determining who was at fault for your accident. In many cases, the police will investigate a crash and take statements from witnesses on the scene. These witness statements can usually be used in your case if they show that the other driver caused the accident. The police report itself is a type of witness statement since the police are witnesses after the fact. If the report included details they observed themselves, these statements can usually be used to support your case.
Witness statements can also be made after your lawsuit is filed to strengthen your case. Once a lawsuit is commenced, our team can question witnesses and get statements in the form of depositions and interrogatories. If a witness is not available in person to provide a statement on your behalf, it is still possible to get their statement in the form of a sworn affidavit. This is a statement under oath that can stand in place for a witness’s testimony if accepted by the court.
Witness statements can be incredibly important to winning your case as they could be the only evidence to prove fault. For instance, witness statements will be incredibly useful in a rear-end accident, where evidence is typically scarce outside of witness statements.
What Information is Included in a Witness Statement in an Arkansas Car Accident Lawsuit?
The information provided in a witness statement varies based on what type of car accident you were involved in. However, there are some common elements that are included in most witness statements in Arkansas.
First, a witness statement should include the contact information of the witness providing the statement. This typically includes the person’s name and telephone number. It may also include other contact information such as their address or email address if available.
Your witness statement should also include the name of all the parties involved. This can include the names of all persons involved in the accident, regardless of whether they were injured or not. You should list both names and nicknames if known. If you do not know someone’s name while making your statement, then write down their description or what they were wearing at the time of the incident.
A detailed description of what happened before the accident should also be included. This information could include details about the weather, road conditions, traffic conditions, and any other factors that could have contributed to the accident occurring. The statement should include any details about what happened immediately before and after the accident occurred, even if they do not seem important at first glance. Certain information could make all the difference later on when determining who was at fault for causing your injuries.
The witness statement should also describe exactly how the accident happened, including whether it was rear-ended, sideswiped, or another type of accident. If possible, they should also describe how fast both vehicles were going when they collided. If a witness noticed the smell of alcohol on the negligent driver or saw evidence like beer cans, that should also be contained in the statement.
Lastly, a strong witness statement should include a description of events after the car accident. This includes any actions taken by other drivers or other witnesses immediately following the accident, including giving statements to police officers or emergency responders, calling for help, or assisting other people involved in the crash.
Other Types of Witness that Can Offer Statements in my Car Accident Lawsuit in Arkansas
Sometimes, a witness statement will come from law enforcement officers that investigated the scene. In more complex cases, it might be necessary to have an expert provide a statement on your behalf, like a medical professional or accident reconstruction expert. Witness statements of these kinds tend to hold great weight with judges and juries and can greatly increase your chances of recovering compensation.
Police Officers
In some car accident cases in Arkansas, it might be necessary or a good legal strategy to have the police officers that investigated your accident provide a witness statement in your case. This can be incredibly useful in accidents caused by a driver driving under the influence of alcohol or drugs (DUI). As mentioned, the police report could serve as a witness statement, but it might be much more impactful and effective to have the investigating officer provide a more detailed statement. Even better would be to have the officer provide their statement in the form of live testimony. However, if the officer is not available to make a statement, the observations they made in the report can typically serve as a witness statement.
Expert Witnesses
Expert witness statements are also incredibly important in some car accident lawsuits. Expert witness statements could help prove the liability of the other driver or the severity of your injuries. If your car accident caused serious injuries, an expert witness, like a doctor, will typically need to provide a statement explaining the complexities of your injuries and the impact they will have on your life. Other experts, like accident reconstruction experts, could also provide statements to explain how an accident occurred and the most likely cause of it.
Our Arkansas Car Accident Attorneys Can Help
Call us today at (479) 316-0438 to speak with our Bella Vista car accident attorneys, who can provide you with a free case assessment.