Do I Need a Witness to Prove a Car Accident Claim?


After a car accident, you may need to establish that negligence by another person caused it to occur. There is a variety of evidence that you can use including physical evidence at the scene or a police report. It may also be possible to use witness testimony as part of your accident case. However, do you need a witness to prove that you were the victim of an auto accident?

How Strong Is Your Case Without Eyewitness Testimony?

In any case where one party may be held financially liable for his or her actions that party may not necessarily assume responsibility. Instead, he or she may claim that you were the one who caused the crash or that other variables such as a poor line of sight or bad weather contributed to the accident. 

Therefore, it may be in your best interest to have a witness who saw the crash and can testify as to what happened. However, if you have other strong evidence such as footage from a traffic camera or physical evidence consistent with your version of events, a human witness may not be necessary.

How Reliable Is the Witness?

Just because there is a witness to the case doesn’t mean that he or she saw everything. It also doesn’t mean that he or she will remember precisely what happened, which could lead to the testimony contradicting other evidence brought forward.

It May be Possible to Reconstruct a Crash Scene

A car accident attorney in Miami may be able to work with insurance adjusters, police detectives and other experts to reconstruct the crash scene. Tire marks may indicate whether or not you tried to brake as well as how fast you and the other car were traveling at the time of the crash. Toxicology reports may also establish if the other driver was impaired at the time of the crash. 

Depending on where the crash occurs, it may be possible to determine if a driver was going the wrong way on a highway or crossed over the center line into your lane. All of this can be determined without the need for eyewitness testimony. As physical evidence at the scene is objective evidence, it may be all that you need to prove your case. 

Did You See a Doctor After the Accident?

If you saw a doctor after the crash or received any type of medical care, that boosts your case because it shows your injuries were most likely caused by the accident. The medical provider should be able to write a report detailing the care you received as well as testify in court if need be. 

Miami FL car accident lawyers can use a variety of evidence to help prove your car accident claim. If you have been injured in an accident, you may be entitled to compensation. A favorable settlement may help pay for medical bills and other costs while you are recovering and out of work. While you may not need a witness to conclusively prove your case, make sure that you see a doctor if you are hurt, take pictures of the scene and call police immediately after the accident occurred.