The Role of Eyewitnesses in a Truck Accident Case
The National Highway Traffic Safety Administration (NHTSA) reports that there were an estimated 523,796 large trucks involved in police-reported crashes in a recent year. While evidence like photo, video, and black box data can be invaluable in proving fault in these cases, having eyewitness testimony can be critical to the outcome of your truck accident case.
Truck Accident Cases Are Complex
Truck accident cases can be much more complicated than a typical motor vehicle crash. Commercial trucking companies and their drivers are subject to many different regulations, and determining liability can be challenging.
For example, drivers may be held liable if they fail to adhere to the FMCSA’s complex Hours of Service Regulations, which specify how long a driver can be behind the wheel before they are required to take a break. Drivers can also be held liable if they are operating a vehicle under the influence, distracted, or drowsy.
However, drivers aren’t the only parties who can be held responsible for truck accident cases. There might be instances where a trucking company was responsible, the maker of a faulty party needs to be held accountable, or some other case of negligence.
How Eyewitnesses Can Strengthen Your Truck Accident Case
Eyewitness testimony is one of the most essential types of evidence in a truck accident case. Here are some of the primary ways eyewitnesses can strengthen your truck accident case:
Establishing Fault
Determining fault is a complex process in many truck accident cases. Eyewitness testimony can play a vital role in proving liability. An eyewitness account of the events can refute or corroborate the claims made by other parties, helping to establish a clearer picture of who should be held responsible.
Support or Dispute Claims
There may be several parties involved in a truck accident, such as the different drivers, passengers, and even other eyewitnesses. An eyewitness can testify about what they saw and experienced, which can either dispute or support claims made by these other parties. For example, an eyewitness could support the claim that the truck driver was operating their vehicle erratically or recklessly prior to the accident.
Critical Details
Eyewitnesses can offer important details that may not be available through other means, such as official accident reports or security camera footage. They can describe things like the road conditions, the truck’s speed, and the behavior of the drivers immediately after the crash.
Objective Perspective
Ideally, eyewitnesses are individuals who were at the accident scene and can offer an objective account of what happened. Their testimony can serve as an unbiased telling of the events before, during, and after the crash.
Requirements for Obtaining High-Quality Eyewitness Testimony
If you want your eyewitness testimony to be meaningful, here are some things to consider:
- Timeliness — Memories can fade quickly and people can become more difficult to locate after an accident. If you want to find high-quality witnesses, you need to start looking immediately.
- On the Record — Whenever possible, get your witness accounts on the record. Ask if you can take a recorded statement to preserve this evidence.
- Credibility — Your attorney should establish the credibility of each of your witnesses because the other side’s lawyers will try to undermine them. Make sure what they are saying will help your case and not hurt it.
Locating Reliable Eyewitnesses
Finding eyewitnesses after a serious truck accident can be tricky. Often, vehicle accident scenes are chaotic. If you were injured and taken to the hospital or required medical treatment on-site, you may not have had the opportunity to walk around and look for witnesses.
On the other hand, some witnesses will make a point of stopping at the scene of a crash to render assistance and speak with the police when they arrive. If this happens, the witnesses’ names and contact information should be included in the official record. Even so, you should make every effort to get this information independently if you are able.
Even if no one stops at the accident scene, you may not be out of luck. If your crash happened near businesses or homes, you might be able to canvass those areas. If someone saw what happened, they’d likely be willing to testify and add value to your case.
The Importance of Working with a Mississippi Car Accident Attorney
If you’ve been injured in an accident with an 18-wheeler, tractor-trailer, or some other type of commercial truck, proving negligence and collecting the full damages you deserve can be an uphill battle. A seasoned car accident attorney will have extensive knowledge of the applicable laws and understand how to hold the responsible parties accountable. To learn more about your rights and options. Contact a Mississippi Car Accident Attorney today.
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