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Questions to ask an auto accident witness

By Jack Larson posted 02-15-2021 04:03

  

Auto accidents are unfortunately a daily fact of life in the USA, especially when you’re living in a highly trafficked urban area. It means that many car accidents happen along busy streets and intersections where there can be multiple witnesses who see what happens. 

When you experience an auto accident, it’s a good idea to talk with as many witnesses as possible before leaving the scene. Not everyone has useful information, but one or two of them can provide you with invaluable details you can use when you file the claim with the insurance company and seek compensation. Negligent drivers must be held accountable for their reckless habits, but to prove that they were at fault for the accident, you need witnesses who can confirm your story. 

In the aftermath of the accident, you may not be able to gather much information beyond the contact details for the witnesses present at the scene. It’s okay. It’s terrifying to get involved in an accident. But after you have tended your injuries, you can get back to the witnesses and speak with them about the accident. Ideally, you would offer their contact details to your auto accident attorney who has experience questioning witnesses. 

But if you want to do it on your own, here is what to ask them. 

Can you recall what you saw?

Start the conversation with an open-ended question that invites them to explain in their own words what they witnessed. Don’t ask a leading question like “Did you see when the other driver hit me?” because it may put them in a defensive position and make them feel like you’re looking for a particular answer. 

Where were you in relation to the accident?

Not everyone present at the scene was in the best place to accurately explain what happened. Your Houston auto accident attorney will tell you that it’s essential to determine where each witness stood before and during the accident. It’s helpful to discuss with multiple people located at different spots relative to the crash to reconstruct the accident correctly. When you try to identify their location, try to determine if they were close enough to the street to see traffic signals and the drivers involved in the accident.        

Can you go into greater detail about what you saw? 

You won’t ask precisely this question, but based on their retelling, you will ask them some of the following questions.

  • Can you tell where each car was before the accident?
  • Did you notice if one of the vehicles was moving or serving erratically?
  • Did it seem that one of the drivers was speeding? 
  • Did you hear one of the vehicles attempting to brake suddenly?
  • Can you remember any traffic signals before the accident? Did one of the drivers run the red light or speed through the yellow one?
  • Did you observe the drivers after the accident? Did one of them appear intoxicated or injured? Did they say anything?
  • Did you see other witnesses who may have better information?

Remember to have a friendly talk with the witness even if they may not recall the things you did because different people have different perspectives. 

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