What Makes Someone a Credible Witness for a Car Crash Claim?

If you are involved in a car accident and ultimately make a car crash claim, witness testimony can be one of the most powerful pieces of evidence in your case. An El Paso car accident lawyer can investigate if anyone witnesses your car accident and if they are a credible witness who can be believed and trusted.

Why Witnesses Are Important in Car Accident Cases

Many car accident claims come down to “he-said, she-said.” You and the at-fault party both have a vested interest in explaining the car accident happened in a way that makes you the innocent party. The at-fault party doesn’t want to pay higher insurance rates by being blamed for the collision. Their insurer wants to minimize how much compensation you receive while you want to maximize it.

A witness can be the tiebreaker and help convince an insurance adjuster or jury that the accident happened how you say it did. This is because witnesses are generally objective; they have nothing to gain by giving false information about the cause of our El Paso car wreck.

Factors that Can Weaken Credibility

Some factors that can affect the credibility of a witness include:

• Criminal history – Generally, a person without a criminal history may seem more credible than someone with a criminal history. This is because people perceive law-abiding citizens as individuals who would not lie in court or as part of legal proceedings. Even minor infractions can cast doubt on a witness’s honesty and reliability in the eyes of a jury or insurance adjuster.
• Reputation for being a dishonest person – If a person has a history of lying about things, they will not appear credible to an insurance adjuster or jury. If the witness is caught in one lie, others will contemplate what else they have lied about. This is particularly true if the dishonesty pertains to significant matters, casting a long shadow over their overall trustworthiness.
• Problems with cognition, vision, or impairment – If a witness has issues remembering things, has poor eyesight, or was intoxicated at the time of the accident, what they saw may be questionable. For instance, a witness who struggles with memory recall may inadvertently provide inconsistent statements, weakening their credibility. Similarly, impaired vision or intoxication can severely compromise their ability to observe and recount the events of the accident accurately.
• Interest in the case – If the witness does have something at stake in the case or personally knows you (like a passenger), they may not see it as credible. Their personal connection or vested interest in the outcome could bias their testimony, leading others to question their impartiality. This is especially relevant in close-knit communities where relationships might influence a person’s perspective and statements about the incident.

Factors that Can Make Testimony More Valuable

Some of the factors that can make eyewitness testimony more valuable include:

• Near the scene of the accident – If the witness can say what they saw because they were near the scene of the accident, instead of stating that the driver is generally a good driver, this testimony can be more valuable. Their firsthand account of the events leading up to and during the collision can provide critical details that might be missed by those not present at the scene.
• Objective – Witnesses who do not know either party involved in the accident are generally more credible than witnesses who are associated with the drivers. Their lack of personal connection to the individuals involved reduces the likelihood of bias, making their testimony more reliable in the eyes of insurance adjusters and juries.
• Consistent statements – Witnesses who repeat the same story over and over again are generally more credible. Consistent accounts over time and across different settings, such as during police interviews and courtroom testimonies, reinforce the reliability of the witness’s statements.

Additionally, witnesses who have a clear and articulate manner of speaking can enhance the perceived credibility of their testimony. The ability to convey their observations clearly and confidently helps ensure that their account is understood and believed. Furthermore, corroboration of their testimony by other evidence, such as video footage or physical evidence from the accident scene, can significantly bolster the value of their statements. When multiple pieces of evidence align with a witness’s account, it strengthens the overall case, making it more compelling for insurers and jurors. Witnesses who take detailed notes or have photographic evidence from the scene can also provide invaluable support, adding another layer of verification to their testimony.

Contact The Law Offices of Michael Gopin, PLLC for Help with Your Car Accident Claim

If you suffered an injury in an El Paso car wreck, The Law Offices of Michael Gopin, PLLC is here to help. Our El Paso car accident lawyers have more than 30 years of combined legal experience. We know what type of evidence can help support our client’s claims and will work quickly to gather strong evidence in your case. Contact us today for your free consultation and learn all the ways we can help.

Michael J. Gopin

Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...