Should You Approach a Witness After a Car Accident?

If you have been in a crash, you have a lot on your plate. Gathering evidence, including eyewitness testimony, is important. Our Texas personal injury lawyers can help.

After a motor vehicle accident in Texas, both drivers should report the accident and familiarize themselves with the claims process. In Texas, the law allows the not-at-fault driver (as well as any occupants who have suffered injuries) to pursue a claim against the at-fault driver’s insurance company. However, before the insurance company will pay the claim, it will want proof that its policyholder was really to blame. Providing as much evidence as possible can be critical to the outcome of the claim and recovering the settlement amount that you deserve.

One type of evidence that can be especially valuable after a crash is eyewitness testimony. Here is an overview of what you should know about talking to witnesses after a crash.

When Should You Approach a Witness After a Crash?

Approaching a witness after a crash is a good idea if:

  • Approaching the witness is safe - i.e. you will not have to cross lanes of traffic on foot, you are not severely injured, etc.;
  • The witness has remained at the scene of the accident and talking to them does not require that you leave the scene of the accident before filing a police report; and
  • Your injuries do not preclude you from making contact.

Information to Get from a Witness After a Crash

As stated above, an eyewitness can be a valuable source of information, and their testimony a crucial type of evidence in a car accident claim or lawsuit. This is especially true if the witness is credible, which means that they are not related to you or the other driver and have no personal interest in the claim, saw the accident from start to finish, and do not have any disabilities that may affect what they saw (i.e. a memory or cognitive disability, impaired vision, etc.). When you talk to an eyewitness, important information to collect includes:

  • Name and contact information
  • Information about what the witness saw - ask if you can record the person as they are telling you the story of what they saw

You should also ask the witness to provide testimony to the responding police officer for the police report. Ask if it is okay for you to follow up with the witness in the future if you need more information.

Our Texas Car Accident Attorneys Can Help

If you have been in a crash, we strongly recommend getting the testimonies of any witnesses to the accident. If you are injured and unable to do this, our lawyers can assist by locating witnesses and gathering testimonies, as well as all other relevant evidence. The earlier you call us, the more effective we can be.

To schedule your free case consultation with our law firm, please call us directly or send us a message online. Our Texas car accident lawyers work on a contingency fee basis.