After an accident, things can become a whirlwind. The aftermath of an accident can be chaotic and overwhelming as you try to figure out who is injured, what kind of damage there is, who saw what happened, and more. There are medical treatments, insurance claims, and potentially even lawsuits to try to get compensation for injuries and damages. In the midst of all this chaos, you realize there’s a witness – or several. You know witness testimony can be helpful, but how do you get that testimony? Can you approach the witness? Can you force them to testify about what they saw? Did they even see anything? With all these questions, you might not know what to do. Fortunately, we delve into this and more below.
What Injuries Often Get Witnessed?
From a fender bender in a parking lot to a rear-end collision at a traffic light, there are a number of car accidents that can occur each day. Almost any vehicle accident has the potential to have witnesses, as there are many cars on the roads every day. Whether an individual has been T-boned at a four-way stop where another driver didn’t stop, or they’ve been sideswiped by a driver who didn’t look before changing lanes, or they were involved in a head-on collision with someone who tried to pass a third vehicle when it wasn’t safe, an accident in broad daylight on a busy road or in a bustling parking lot is likely to have at least one or two witnesses. Accidents after dark are less likely to have as many witnesses simply because it is much harder to have seen something occur when you are not directly involved.
However, it is important to recognize it is not just vehicle accidents that may have witnesses. Other types of accidents may also have witnesses. Co-workers, customers, or suppliers may be witnesses to a workplace injury. Neighbors, party-goers, friends, and relatives, as well as strangers, may be witnesses to a slip and fall or other personal injury incident. Witnesses can be just as crucial in these types of accidents and it is important to know how to handle them as well.
Who Can Be Approached After an Accident?
There are generally two types of witnesses to accidents.
1. Passengers
One type is the other individuals involved in the car accident. Other passengers in either vehicle can act as witnesses. Because they were not driving, they often may have observed something that the driver did not and can offer this perspective.
2. Observers
The other type of witness is the outside witness. This witness is not involved in the accident and was simply present when the accident occurred and observed what happened. These witnesses have a broader view of what happened because they were not in either vehicle. This allows them to have a better perspective of which vehicle may have hit the other and other details such as traffic lights or signs, other vehicles that may have played a role, and other external distractions that may have contributed to what happened. Sometimes, these witnesses can be bystanders at the time of a fall, perhaps fellow customers at a grocery store or in a parking lot where you slipped and fell. They can also provide important insight into how the accident occurred and what hazard contributed to it.
Both types of witnesses can be important. However, it is typically easier for an accident victim to reach out to the people who were with them, as they already knew each other than it would be to find those random strangers who happened to be present at the scene of the accident.
Recommendations for Interacting with Potential Accident Witnesses
Neither federal nor New Jersey law prevents individuals involved in an accident from approaching potential witnesses. Individuals involved in an accident should prioritize medical treatment for any injuries they may have, but if they are uninjured or their injuries are minor enough that they do not require immediate treatment, they are allowed to approach potential witnesses and discuss the accident with them.
However, in some instances, witnesses may not wish to be involved. They may have outstanding criminal warrants or have had negative interactions with legal authorities in the past and wish to avoid any possibility of dealing with law enforcement. They may feel uncomfortable getting involved in a conflict that doesn’t involve them. They may simply prefer to mind their own business. Whatever the case, it is important to recognize that while the law does not prevent accident victims from approaching witnesses, the law also does not require witnesses to get involved in any way.
Witnesses are not required to provide their contact information, offer any statements regarding what they saw, or offer any assistance with your potential personal injury case. Therefore, it is important to approach a potential witness in just the right way to have the best chance of persuading them to talk to you.
Essential Rules When Approaching Accident Witnesses
While the law does not prevent those involved in an accident from approaching witnesses, it also does not require witnesses to cooperate. Ethics can be of great debate when it comes to car accidents. Everyone agrees that it is ethical to tell the truth about what occurred, but not everyone agrees on what that truth is. Some believe that it is only ethical to stay and offer assistance when they witness a car accident, whether as a witness or by offering medical assistance, while others believe that if they were not involved, it is none of their business. Regardless of these varying beliefs, it is important that individuals follow ethical guidelines when approaching witnesses.
Therefore, it is important that accident victims remember some simple do’s and don’ts for approaching witnesses.
Do’s
Always be polite and respectful when approaching a potential witness. No matter how right the individual may be, if they are rude or demanding, the witness is less likely to want to help. Be calm and polite and respectfully request the witness’s assistance. When approaching the witness, the individual should identify themselves and explain their involvement in the accident. Give them a quick explanation of why their statement is important to the accident, and ask for their contact information. If they are receptive and the individual feels comfortable doing so, they should ask for a brief, on-the-spot account of what they saw.
If the witness is willing to offer a statement, write it down along with their contact information exactly as offered. If there is pen and paper, a phone, or another method of recording their statement in writing or by audio or video, preserve their statement. Do not try to encourage them to say something they do not say on their own. If the witness is only willing to offer their contact information, take it without pressuring them to give a statement. The contact information can be given to an attorney who may be more persuasive in convincing the witness to offer a statement. Then, thank them for their time and cooperation.
Don’ts
If the witness is not willing to speak at all, not even to offer contact information, it is essential to respect that and not demand or put pressure on the witness. Don’t pressure or intimidate the witness, as this can make their testimony less credible if they do agree to provide a statement. Any pressure or demands may render the witness’s statement invalid later. Additionally, a witness who deals with anxiety or stress may start to question their own memory if pressured, which can result in a less clear and definitive statement about what occurred. Don’t offer any compensation or incentives, either. Doing so may appear to be bribery or coercion, both of which may be considered a crime.
Don’t admit fault or make incriminating statements. At the same time, don’t argue or debate the facts of the accident with the witness. A witness’s statement should be a truthful account of what they saw, and admissions of fault or telling them the facts as the victim sees them may alter their memory of what happened.
Finally, don’t interfere with their interactions with the police. While the individual may disagree with the witness’s statement or want to add context, it is best to allow the witness to tell their version of events without interference. This ensures it is the most truthful account they can offer, while also avoiding any legal trouble.
Ready to Take the Next Step after Being Involved in an Accident in NJ? Call Cohen & Riechelson Now
After seeking medical treatment, seeking witnesses and evidence about a car accident should be your next step. However, while looking for these witnesses and evidence, you should also consider seeking legal counsel. Our accomplished attorneys at Cohen & Riechelson can be particularly crucial in ensuring that a witness’s statement is properly preserved, as well as in finding other evidence that can help bolster your case. For example, we can issue subpoenas to get video footage from security or doorbell cameras, as well as traffic cameras. Our team can also represent you with the claims adjustor, helping to negotiate a settlement before a trial.
With over 50 years of experience, our personal injury lawyers can also explain post-trial options in particularly contentious cases so you can begin considering those options sooner rather than later. If multiple parties are at fault, or the other vehicle was a commercial vehicle, we are prepared to investigate and identify who may be liable and explain all your legal options for recovery. Our firm proudly serves clients in Princeton, Trenton, Hopewell, Mount Laurel, Moorestown, Medford, New Brunswick, Edison, Woodbridge, and throughout Southern New Jersey.
If you have been involved in a car accident, with or without witnesses, contact a car accident attorney at (609) 528-2596 to discuss all your legal options and learn how to move forward with seeking compensation. Free consultations are always available to best serve your needs. Simply contact us today to learn more.
