What Makes An EyeWitness Credible In A Florida Accident Case
Michael Babboni
Car Accidents
After a car accident, you will need to gather a lot of evidence to prove your claim. One type of evidence is eyewitness testimony. Eyewitness testimony is different from expert testimony. Expert testimony is a testimony from someone who has expertise on an aspect of your accident.For example, an expert witness could be a medical professional, an accident reconstructionist, or an economist, that shows the court evidence that backs your claim. An eyewitness is someone who saw the accident and is providing testimony to what happened.
How An Eyewitness Can Support Your Claim
Eyewitness testimony is taken very seriously at the courts. In most cases, they consider eyewitnesses to be objective, neutral parties who will provide clarity from another perspective. However, in order for the insurance company and courts to take their testimony into account, they have to consider the eyewitness to be credible.
Why Is Eyewitness Credibility Important To Accident Injury Cases?
There are a number of reasons why credibility is important. The most important though is that they weigh their testimony based on their credibility. For example, if your eyewitness has a history of lying to the police or was drunk at the time of the accident, their testimony holds less weight.
If the eyewitness has no history of lying to the police and was sober at the time of the accident, their words will have more value because they are coming from a more reliable source. The credibility of your eyewitness can make or break your cases, especially if their testimony is crucial to proving fault and liability.
What Is Considered A Discreditable Eyewitness?
There are a lot of things that can impact the credibility of an eyewitness. Courts may consider a witness discreditable if:
● They show hostility toward the companies, courts, or the process
● They were impaired by drugs or alcohol during the time of the accident
● They have a history of lying or criminality
● They had a poor view of the crash or only saw part of it
● If they have a relationship with any of the accident victims
● If they have any visual or hearing impairments
● If there are any inconsistencies in the story
These are just some of the things that can impact the credibility of your eyewitness.
Insurance Companies Always Try To Discredit Eyewitnesses
One of the main reasons why credibility is so important is that the insurance companies always try to attack the credibility of the eyewitness. They will say things like the eyewitness couldn’t or didn’t actually see the accident. They will investigate their background and attack their character. They may even accuse you of putting up a false witness to lie for you. All of these attacks are designed to get out of paying. Thus, it is really important that your attorney vets eyewitnesses to ensure that any attack leveled by the insurance company can be countered. If not, then your attorney may recommend not using the witness.
What Do I Do If My Only Witness Is Not Credible?
For example, if your witness was sitting on a bar patio enjoying cocktails when they saw the accident, they will likely be considered not credible. You can still collect and use their testimony, but you will want to make sure that there is evidence to back up their claims. This can be done with the help of an attorney. The attorney will determine if the eyewitness testimony will be considered credible or not and will make a plan to action. Whether or not they decide to use the witness will be dependent on a number of factors. However, an experienced attorney knows what to do regardless of eyewitness credibility.
The St. Pete’s Lawyer, Micheal Babboni will review your case for free and go over your legal options. Then he will determine if and how to use the witness to support your claims. He also has an extensive network of expert witnesses and the legal knowledge gathered over 30 years of supporting auto accident victims. He can fight to prove your claims and get you the full and fair compensation you deserve under Florida state law.