After an accident, your first thought is likely not about how to best prepare yourself for potential legal action. However, the way you respond immediately after the accident can have a huge impact on your potential to collect compensation for injuries later on. After making sure your health is taken care of and calling the police, you should try to ask any witnesses at the accident scene a few important questions.
Here are the questions you should ask eyewitnesses at the scene of an accident.
Can You Explain What Happened in Your Own Words?
Asking an eyewitness to tell you how the accident occurred in their own words can eliminate confusion about the details. Instead of asking pointed questions to steer them toward a story that matches yours, the question prompts them to discuss what they recall. In this way, you can discover whether their account matches yours and establishes a narrative.
Where Were You at the Time of the Accident?
You should always ask where the witness was when the accident happened. Sometimes, witnesses are directly next to the scene. Other times, they’re standing hundreds of feet away or behind something obstructing their view. Asking where they were allows you to determine whether they clearly saw what happened.
What Did You Do in the Aftermath of the Accident?
You could gain insight into the eyewitness’s perceptions about the severity of the incident. Asking them what they did immediately afterward will indicate what they think occurred.
If they thought it was a severe accident that probably caused injuries, they might have called 911 and rushed over to assist the victims. However, if they stayed in one place to watch what occurred next, it likely means they thought it was a minor incident.
Did You Hear Anyone’s Conversations After the Accident?
Sometimes, eyewitnesses hear comments or conversations that can benefit the accident victim’s claim. Asking what they heard other people say immediately after the incident might provide helpful information. For example, a witness might have heard the other person involved in the accident saying it was their fault.
Was Someone With You at the Time of the Incident?
You should ask the witness if someone else was with them when the accident occurred. That can lead to additional eyewitnesses who can provide statements to the insurance company or police. They might also be able to testify in court if you file a lawsuit. When multiple witnesses tell the same story, denying liability is more challenging.
Do You Know Anyone Involved in the Accident?
This question is crucial because it determines whether bias contributes to the witness’s statements. They might lie or exaggerate their story if they know the victim. Someone without any connection to the parties to the accident is more likely to provide an honest account of the events.
Where Were You Going When You Noticed the Accident?
If a witness was rushing to work, worrying about being late might have distracted them from noticing the accident until after it had already happened. They might not have seen the events leading up to the incident or who might be responsible.
Can I Get Your Name and Phone Number?
Before leaving the accident scene, you must ask each witness for their name and contact information. You need a way of getting in touch with them for more information or directing the insurance company their way for a statement.
You should also confirm whether they are willing to provide a statement to the police or insurance carrier and testify on your behalf if you must take your case to court. Knowing you have someone to back up your claims about what happened is beneficial.
Contact Us
After an accident, it is always in your best interest to consult a personal injury lawyer. Even if you don’t have a case, it doesn’t cost you anything to get a professional opinion as most personal injury lawyers, including the attorneys of Harris Keenan & Goldfarb, work on contingency – we never charge anything up-front.
Harris, Keenan & Goldfarb has represented New York clients since 1997. Our team of attorneys, investigators, paralegals, and experts work together on each case we take to achieve a favorable and exemplary result. We can pursue compensation for your injuries and advocate for you throughout your case.
If you sustained injuries in an accident that someone else caused, call 800-PAIN-LAW or dial #PAIN for a consultation today.
