Importance of Credible Witnesses in Personal Injury Cases
The goal of your personal injury claim is to establish that another party is at fault for causing your injuries and then place a dollar value on the harm you suffered. Your success at both will depend heavily on the strength of your evidence. Photos and videos of the accident scene, medical records of your injuries, and other documentary evidence can demonstrate the validity of your claim to the insurance company or the court. But one of the most valuable types of evidence is that provided by credible witnesses.
If you have suffered injuries in an accident due to another party’s negligence, you need an attorney who can collect and present the evidence to optimize your chances of recovering the compensation you deserve. You need the experienced Chicago personal injury lawyers at Salvi, Schostok & Pritchard P.C. We understand the vital role credible witnesses can play in your personal injury claim and how to leverage their testimony to support your case. Find out how we’ve recovered more than $2.5 billion for clients like you when you contact our offices today for a free consultation with an experienced personal injury lawyer in Chicago.
What Is a Credible Witness?
A credible witness is a person whose personal and professional qualities project a sense of competence and worthiness of belief. Furthermore, a credible witness has nothing to gain or lose from any given outcome.
Credible witnesses can include:
- Bystanders who observed the accident
- First responders
- Medical experts
- Accident reconstructionists
- Engineers
- Manufacturers
- Accountants
Whether the witness is considered an expert witness or a lay witness, their credibility is vital to the admissibility and believability of their testimony.
In car accident cases, eyewitnesses can be credible witnesses. Insurance adjusters, judges, and jurors may be more willing to believe a witness who just happened to be near the accident scene and has nothing to gain by providing false testimony. The word of an eyewitness may be able to tilt the table in favor of one of the drivers if the drivers’ versions contradict. Testimony from credible and impartial witnesses is often the best source of unbiased information.
Why Is It Important to Have a Credible Witness for My Case?
Personal injury cases often involve two or more parties offering conflicting versions of the same incident, leaving jurors and judges unsure which side of the story to believe. Each party has a stake in the outcome. You want to recover compensation for the harm you suffered, while the at-fault party will want to minimize their liability.
As such, having a credible witness is crucial because they can provide an unbiased and objective account of the incident. When a court knows that a witness can give testimony without concern for their own interests or the influence of either side, their words carry considerable weight. Due to their lack of involvement in the accident, its lead-up, or its immediate aftermath, they can offer an unbiased third-party account of how your injuries occurred and what caused them.
How Is Credibility Determined for a Witness?
Several factors determine a witness’s credibility. The court will consider the witness’s background and reputation. If the witness provides expert testimony, the court will also consider their professional history and standing in the field. It will also assess the witness’s demeanor while testifying: do they seem nervous, evasive, or unsure of their story? The witness’s ability to accurately recount details and consistency in their version of events is essential.
Corroborating evidence can support a witness’s credibility if their testimony matches other facts or aligns with testimony from other credible witnesses. The court will also weigh any biases, interests in the case outcome, or relationships the witness has with the parties involved. Ultimately, the judge or jury must decide if the totality of the circumstances suggests the witness is being truthful and their account is worthy of belief.
What Is the Difference Between Competence and Credibility in a Witness?
Competence and credibility are related but distinct concepts when assessing a witness.
- Competence refers to whether a witness is legally qualified to testify based on their mental capacity and ability to perceive the events in question. A competent witness can understand questions and communicate responses. Furthermore, they have first-hand knowledge or special insight into the incident because of their training or background.
- Credibility refers to whether the witness seems honest and reliable. A credible witness shows no signs of lying, and their testimony aligns with other evidence.
While competence is a baseline legal requirement, credibility helps judges and juries assign appropriate weight to the witness’s account. An incompetent witness may be barred from testifying, but even a competent witness will be ineffective if major credibility issues make their testimony seem untrustworthy.
What Factors Impact a Witness’ Credibility?
Markers of a credible witness in a car accident case include:
- Experience – Witnesses with substantial experience relevant to the case or incident are more credible. For example, an accident reconstruction expert with engineering training who has investigated hundreds of crash scenes will likely provide authoritative testimony.
- Knowledge – In-depth knowledge about the circumstances, people, locations, or other details related to the incident bolsters a witness’s credibility. Their grasp of the facts indicates they are qualified to provide accurate testimony.
- Training – Witnesses who have undergone formal training and education directly related to the subject of their testimony are typically viewed as more credible. Their specialized knowledge lends weight to their statements.
- Honesty – Witnesses who show no signs of lying or exaggeration during their testimony, openly admit if they cannot recall specific details, and do not have a criminal history or history of unethical behavior are generally judged as honest and credible.
- Consistency – Witnesses whose accounts remain generally consistent over time, rather than changing dramatically with each telling, are seen as credible.
- Perceptiveness – Witnesses who demonstrate keen observational skills and attention to detail tend to be considered more credible than those with cognitive impairments that could affect their memory or whose view was blocked from seeing relevant information in the case.
- Freedom from bias – A witness with no apparent biases, conflicts of interest, financial stakes, or relationship with any party in the case provides more credible testimony. They have no incentive to lie or exaggerate.
An opposing attorney can demonstrate that a witness lacks credibility by pointing to a history of behavior, prior convictions, or other evidence showing that they are lacking in the above qualities.
How Can Our Chicago Car Accident Attorneys Help?
If you were injured in an accident caused by another party’s negligence, having credible witnesses can significantly strengthen your injury claim and help you seek fair compensation. The seasoned car accident lawyers at Salvi, Schostok & Pritchard P.C. know how to locate, interview, and prepare credible witnesses to support our clients. We can highlight each witness’s background, expertise, observational abilities, and truthfulness under examination.
When deployed in combination with rigorous legal representation, credible witnesses can make the difference in proving liability and helping you obtain full and fair compensation for the harm you suffered. Get started today by contacting us for a free consultation with our Chicago car accident attorneys.
