After a car accident, injured motorists should try to speak with witnesses, if possible. Unfortunately, many accident victims are in so much pain that they can only wait for emergency personnel to come and take them away in an ambulance. But if you can walk around and speak to people, then we highly recommend talking to anyone who saw the accident.
Witnesses provide critical evidence in many car accident cases. Iowa is a “fault” state when it comes to motor vehicle collisions. In a no-fault state a motorist submits a claim to their own insurer, but that’s not the law in Iowa. We need to know who caused the crash so we can submit an injury claim to their insurer.
In this article, our Des Moines car accident lawyers identify what you need to know about witnesses. Call us if you’d like to talk individually with a member of our team. We can drive out to meet you from our offices in Waterloo and Iowa City, if possible, and we are always available for clients 24/7.
Who Is a Witness?
Anyone who saw the accident is a witness. These people can be:
- Passengers in your car;
- Passengers in the other vehicles which were involved in the collision;
- Other drivers and their passengers out on the road who stop after the crash;
- Bystanders on a sidewalk or in a nearby business who saw the accident.
In short, anyone who saw the crash first-hand could have important information to share about what happened.
How Do Witnesses Help a Case?
A big issue for car accident claims is fault. Suppose two drivers crash in an intersection. One driver says he had a green light, while the other driver claims her light was green. Both can’t be correct—but how do you choose between these competing stories?
This is where witnesses come in. A witness can provide their perspective on what happened. Insurance adjusters usually assume most drivers are telling a self-serving story, but a witness can provide an unbiased point of view.
Of course, witnesses might disagree with each other. Some people have a better view of the accident than others. One witness might claim they “saw” the accident, but in reality they were looking at their phone and only glanced up after they heard a loud bang. That person might not see the accident as well as the driver in the lane who saw the crash up close.
When witnesses help establish fault for an accident, we can then seek financial compensation. You can’t sue a driver if they don’t have any share of blame for the crash. A witness is usually an important piece in the insurance claims we bring.
What if There Were No Witnesses to Your Accident?
Not every accident has witnesses. For example, you might get into a wreck in the early morning hours when everyone else in Des Moines is in bed. The only two people who saw the accident are you and the other driver.
In this case, you can still seek compensation. Witnesses are very helpful, but they are not required. We can typically rely on other evidence to establish responsibility for the collision:
- Any dashcam footage of the accident;
- Security camera footage if the accident happened near a business, like a gas station;
- Photographs of the cars after the crash which show how they came together and where they ended up;
- Any skid marks on the road or the debris field, like torn off bumpers;
- Admissions made by the other driver, such as an admission of fault.
Let us review where the case stands. Our lawyers excel at investigations, and we make sure to turn over every stone to find anything that might prove useful.
Should You Talk to Witnesses after an Accident?
Yes. You should try to get their name and phone number or email. Don’t wait. Witnesses might leave before the police show up. It’s critical to speak to them at the scene, because once they are gone, you might never find them.
You can also ask witnesses what they saw, if you want. However, it’s critical not to argue with them or try to plant your version of events in their memory. It’s okay if the witness says you were to blame. As mentioned above, they might have had a great view, but your legal team needs to know their identity.
Once you hire a lawyer, please share the names of any witnesses. We want to hear from them, and we might call them up or go visit them to get their side of the story. Witnesses can make or break a car accident case, so please share whatever information you have with your legal team.
What if You Are Too Hurt to Speak with Witnesses?
That sometimes happens. Any witnesses who stick around can talk to the police officer. Often, the crash report includes the names of all witnesses who spoke to the officer. We can obtain a copy of the report and then use the information contained in the report to contact witnesses.
Still, if you can talk to people after the crash, try to do so. You or someone else should also take pictures to help document the crash scene. We often rely on photographs to show how the vehicles collided with each other and the debris field. These pictures are valuable pieces of evidence, too.
How Can Ball, Kirk & Holm Help?
Our lawyers can speak with any witnesses who saw the accident. We can also search for additional evidence, like security camera footage from a nearby business. Unfortunately, witnesses usually disappear, so it’s critical to speak with them at the scene. Then we can follow up to really delve into their story.
Contact our Des Moines car accident attorneys to get started on your case. We have handled all types of motor vehicle collisions, including wrecks where there were no witnesses. We have the tools and resources you need to find success in negotiations with insurance adjusters. Call our office to schedule your free, no-risk consultation.