Is Eyewitness Testimony Important for a Car Accident Case? | S. Burke Law

Sometimes eyewitness testimony can be valuable after a car accident, but only if the witness’s account is accurate. A factually incorrect eyewitness can do more harm than good in a lawsuit. Contact our firm at 404-842-7838 to learn more about eyewitness testimony and how it is typically important for car accident cases. You can also find out additional information such as how fault is determined in a car accident and what’s considered negligence in a Georgia car accident.

When Accurate Eyewitness Testimony Can Be Vital

An eyewitness can help to prove your case when there is contradictory evidence. For example:

  • The police report gets the facts wrong. Let’s say that you were driving west in the late afternoon and the sun was in your eyes. Someone ran between two parked cars on the side of the road into your path. Because the sun impaired your vision, you did not see the person in time to stop. The police report incorrectly says that you were driving east. If an unbiased third party, such as a person on the sidewalk, testifies that he saw you driving west, what he says can bolster your argument. Find out if you’re required to call the police if you’re involved in a Georgia car accident.
  • Settling a “he said, she said” situation. Some people try to lie their way out of situations to avoid having to pay for the harm they cause. If you were in a wreck and the person who ran the red light tells the officer that you caused the accident, the testimony of an eyewitness who saw the driver crash into you can be valuable. Judges hear so many people lie that they almost expect people to fabricate stories if doing so helps their cause.

Reasons That Eyewitness Testimony Can Be Flawed

Eyewitness testimony is often important for car accident cases, but some inaccurate testimony of eyewitnesses is intentional. But other times a witness can sincerely believe that he is describing what happened, even if he is mistaken.

Intentionally false testimony because of a bias. When a witness deliberately says something that is not true, he usually has one of these motives:

  • He wants to help someone else involved in the accident. If, for example, the eyewitness was the spouse of the other driver, riding in the same car, she will have a motive to relate the story in a way that is favorable to her spouse.
  • He wants to harm your case. Truth is stranger than fiction sometimes. Let’s say that you happen to have a crash at the moment your former spouse is walking along the sidewalk. If the divorce was less than amicable, he might take pleasure in painting you in a negative light.

The eyewitness did not see the entire event. Either the person did not observe what happened from start to finish, or her angle on the scene was incomplete. If the witness turned to look because she heard the crash, she did not see what led up to the accident. Anyone who watches instant replay in football games knows how much the angle from which you see something can affect the accuracy of the information.

Imperfect memory or understanding. The brain cannot tolerate a vacuum, so it will fill in tiny gaps in our recollection with information, even if it has to create the data. This concept is reconstructed memory, which can be flawed or flat-out wrong. Hundreds of people get wrongfully convicted based on eyewitness testimony, only to be set free years later because of DNA and other forensic evidence.

If you suffered an injury in a car accident, call S. Burke Law. We will discuss with you whether you might be eligible for compensation and also answer any questions that may arise about eyewitness testimony and the important role it can play in car accident cases. Call us today at 404-842-7838 to set up your free consultation.