Witnesses often serve as the foundation of many personal injury cases. A good witness can help other people understand how an accident happened, which allows us to determine liability or fault. But what happens if there are no witnesses to your car crash, slip and fall, or pedestrian accident? Here, our Chicago personal injury lawyers explain what other evidence could be helpful when bringing an injury claim.
Why Witnesses Are Critical
Witnesses help everyone involved in a case “see” how it happened. Lawyers and insurance carriers rely on witnesses to help them understand how an accident unfolded and who is to blame.
Liability is the key issue in a personal injury claim. If a person is not liable for the crash, they don’t owe you anything. That’s simply the law. You could suffer horrifying, life-altering injuries. But if someone didn’t cause the accident, they are not obligated to pay you any money.
Witnesses allow us to visualize an accident, which helps us pinpoint who is to blame.
Of course, the people involved in any accident are also witnesses. If you are hit at an intersection, you can testify as to what happened. So can the other driver. But most insurance companies will assume you are telling a slanted story that makes you appear innocent. After a car crash, it’s common for both sides to blame the other. Objective, neutral third-party witnesses provide an invaluable perspective on the crash.
Cases Where Witnesses Matter
A good witness is helpful in any case, but they are especially important in:
- Hit and run accidents. You don’t want your insurance company to think you crashed your car because you were distracted, tired, or drunk. They would refuse to pay compensation if they did. A witness can testify that you were really hit by a driver who fled the scene.
- Slip and falls. Some insurance companies are skeptical when people claim to be hurt in slip and fall accidents. They might assume a person tripped over their own feet or even faked falling. Witnesses can support your story that you fell because of some hazard on the ground.
- Wrongful death cases. When a person dies in an accident, they cannot share their perspective on what happened. The survivor gets to tell their story without any objection. A third-party witness can provide a crucial perspective; otherwise, we are left with only the defendant’s version of events.
As experienced personal injury attorneys, we are always eager to meet and talk with people who observed our client’s accident. Share the names of any witnesses. After a car crash, take some time to talk to anyone who stopped to render assistance. They could have seen the crash as it happened. Ask for their name and a way to contact them.
What if There Are No Third-Party Witnesses?
Some accidents happen without any witnesses. Maybe you were involved in a car crash in the early AM hours, or you fell in a remote part of a store where there were no customers. Fortunately, witnesses are not required to bring a personal injury case. Instead, we can prove fault for an accident with the following:
1. Video evidence. If you were hurt inside a store, then there are probably security cameras. They are common at pharmacies, grocery stores, retailers, and banks. This camera might have recorded you falling over an object on the floor. We can search for videos to use. In a car crash, a driver might have a dashcam which captured the crash.
2. Photographs. You can also use your phone to photograph a hazard on the ground which caused you to slip or trip. Pictures of the cars involved in a crash can help us see how they came together, which is useful information.
3. Party admissions. The defendant might have admitted that they were negligent and responsible for an accident. For example, a property owner could admit they created a hazard when they mopped floors during rush hour but did not put up a warning sign. A driver might admit they were tired and nodded off briefly. These admissions can help us with proving fault for the accident. Some people even make admissions on social media.
Sometimes your own testimony is enough, also. We have to look at all the facts. For example, shelving in a store might collapse, raining items down on your head. Even if there’s no video or witnesses who saw the event, we can surmise what happened.
How to Improve Your Chances of Success
After an accident, our clients can improve their case by taking some simple steps:
- Photograph the accident scene if you can. Pictures help us see the scene as it existed when you were hurt. A photograph of a pool of spilled liquids is useful when arguing you slipped in a store.
- Tell a consistent story. If a victim tells conflicting versions of what happened, then insurance companies are less likely to believe you. They might deny compensation if they suspect you contributed to your injuries.
- Avoid posting about the accident on social media. You don’t know if you’ll slip up and say something that could undercut your case. Set your profiles to private and avoid saying anything until your case is finished.
- Hire a lawyer. An experienced attorney knows how to uncover evidence for use in a personal injury case. We can search for security videos or dashcam footage, allowing our clients to focus on rest and recovery.
Taking these steps will not guarantee compensation for your injuries, but you will make it harder for a defendant to deny you a fair settlement.
Contact Our Chicago Personal Injury Attorneys Today
Were you hurt in an accident? Contact Kennedy Watkins LLC to speak with an attorney at our office. We will review the evidence as it exists and then provide tips on how to make your claim stronger. If hired, we can begin to work immediately on your case.To schedule a free consultation, please reach out by phone or email.