Car crash litigation is rarely simple and straightforward. There are almost always disputes about who is at fault, which can leave accident victims having to fight not just for the compensation they need and deserve but also to avoid negative repercussions.
Insurance companies don’t care if the at-fault driver is lying, as long as it means they don’t have to pay out benefits. In many cases, they will actively attack the victim’s credibility. When this happens, the importance of credible witnesses cannot be overstated.
What Is Credibility?
Credibility can be defined as a quality that causes people to perceive each other or objects as being honest, real, or true. In the context of car accident cases, witnesses that come off as being credible seem not just as though they are being honest with the court, not lying, but also like they saw exactly what happened and have a clear recollection of the accident. When witness testimony is the primary evidence being put forward in car accident claims, credibility makes a person an asset rather than a liability.
Qualities of a Credible Witness
While credibility is easy to define, most people have a hard time pinpointing just what qualities indicate that a person is credible. In the courtroom, some factors hold a greater weight than others. Ideally, the witness should:
- Be unrelated and ideally unknown to the defendant.
Have a clean criminal history.
Be able to provide evidence of a strong moral character.
Be mentally healthy.
Have been sober when witnessing the accident.
Some of these qualities can be established clearly by a lawyer. Others are more about how the witness is perceived rather than their actual qualifications.
How the Defense Might Try to Discredit Witnesses
If the defense is claiming that they played no role in causing an accident but the only witness at the scene says otherwise, it’s in the responsible driver’s best interest to make the person look less credible. Because non-credible witnesses tend to do more harm than good, lawyers put great stock in determining in advance what tactics the defense might try to discredit the person.
The most obvious means of discrediting an otherwise trustworthy witness is to prove that the person is related to someone involved in the accident or has a financial interest in the case. Again, this trait is easy to ascertain. However, it can be harder for defense lawyers to disprove claims that the witness didn’t see the whole accident, was distracted or gave an inconsistent account.
When to Avoid Using Witness Testimony
Although gathering contact information from witnesses at the scene is always a good idea, relying on them to help prove the other driver’s negligence may not be. If, for example, witnesses are unable to articulate their account clearly due to a physical or mental condition, age, or IQ, that’s not helpful to the defense. Plenty of people that seem like they should be credible witnesses have hidden agendas or pasts that could come up in court, as well, so it’s best to let a lawyer vet witnesses and decide who to trust.
Always Hire a Lawyer
There’s no law saying that car accident victims are required to work with lawyers to file their claims. However, experts recommend doing so for good reasons. Lawyers can vet witnesses and evidence to come up with the strongest possible case for their clients.
