Factors That Determine Witness Credibility

You have probably been told that it's important to get witnesses' contact information after a car accident. This is true, and you should get the contacts of all the possible witnesses because some of them may fail the credibility test. There are many reasons a witness may not be deemed as credible, but most of them fall into these four categories:

Location

The location of your witness during the accident determines what they could or could not see. For example, the defendant may argue that a witness who was also driving at the time of the accident couldn't have seen much because they were focused on their driving. The location of a witness may also mean that their view was blocked by a landmark, billboard, or building, among other things.

Distraction

A distracted witness can't "witness" much even if they are right next to the scene of an accident. For example, if your witness was looking at their phone while listening to music over the headphones, it can be argued that they were too distracted to notice much of the accident. Other examples of distractions include a crying baby, a dog tugging on its leash, or a vendor trying to sell to the witness.

Physical Condition

The physical condition and health of the witness may also affect their credibility. For example, it would be difficult to convince the court that a nearsighted person who was some distance from the accident scene actually saw what was happening. Another example is a witness who was seriously intoxicated at the time of the crash; after all, intoxication can make people see things that aren't there or affect their vision.

Character

Lastly, the defendant will also tear into your witnesses' character with the hope of finding something to discredit them. This is because some characters make a person look more likely to lie or unreliable than other people. For example, a witness who has been convicted of fraud in the past clearly has a problem with the truth; it's easy to doubt the testimony of such a witness even if they really saw what they are testifying to.

A witness who is not credible will not add anything to your case; in fact, they may weaken your case by letting the jury think you are guilty by association. Therefore, get as many contacts of witnesses as possible, but leave it up to your lawyer to decide whom to put on the stand. For more help contacting witnesses for your personal injury case, contact a lawyer from a firm like The Reed Noble Law Firm PLLC.

About Me

Understanding My Rights

After I was injured in a car accident, I wasn't sure what to do. I knew that I needed to find some kind of legal representation, but I wasn't sure where to turn. Fortunately, a friend of mine suggested a lawyer that I felt really comfortable working with, and he was really easy to talk to. We talked all about my accident and how it changed my life, and I really felt like he was listening. He was able to fight for the settlement that I deserved, and it was great to see the difference that it made in my life. Check out this blog for great information on understanding and fighting for your rights.

Search

Categories

Archive

Tags