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The Importance of Witness Testimony

Breit, Drescher and Imprevento is an injury law firm that helps victims of car accidents, motorcycle accidents, truck accidents, medical malpractice, slips and falls and faulty product injuries. For as long as we have been in practice, we have made it a point to vigorously defend the rights of injury victims in Norfolk, Virginia Beach, and the Tidewater area of Virginia. If you or a loved one has been injured in an accident due to no fault of your own, contact the law offices of Breit, Drescher and Imprevento for a free legal consultation today.

One of the most important aspects of prosecuting a successful injury case is the effective use of witness testimony. Forensic evidence is great, and the skill of the attorney has a lot to do with it as well, but nothing helps convince a jury that you are in the right than the testimony of someone just like them.

There are scenarios where witness testimony is not necessary. For instance, if every witness to the accident as well as the other driver admits that the other driver was at fault, it is unlikely that there will be a need for a court case or testimony of any kind.

Or if the accident occurs in a “no-fault” state, it really doesn’t matter who was at fault since the insurance company of each individual driver in the accident will be paying for the damages of the respective vehicles.

But otherwise, witnesses are an excellent way to prove fault. That is why you should identify and get contact information for any witnesses while you are at the scene of your accident.

Don’t forget, too, that occupants of your vehicle are potential witnesses. Or course, impartial witnesses who are not aligned with any of the involved drivers are usually more valuable because of their objectivity, but your passengers may also have seen what happened and be able to provide statements.

But what if there are no witnesses other than you and the other driver? How do you prove fault in a he-says, she-says situation?

If the police came to the scene and wrote a report that states who caused the accident, that report might influence an insurance company. Actually, the officer’s conclusion about how the accident happened is “hearsay.” Because the officer didn’t see the accident, she is relying on what others told her. Nonetheless, the insurance company with whom you are dealing might accept the conclusion that was reached by the officer who is experienced at evaluating the cause of accidents.

In addition to eyewitnesses, there are other kinds of evidence that can be used to prove how an accident happened, including the physical facts of the accident. For example, what part of each car collided with what part of the other car and where on the roadway did the collision occur. Often, these facts are strong evidence of how the accident happened.

In all cases, but especially if you expect disagreement about how the accident happened, use your camera phone to make photos of the accident scene, the vehicles involved in the accident and anything else that is important, such as skid marks or accident debris on the road.

But since witnesses are so important, you should also make sure that you get the names and contact information of anybody who saw the accident.

At Breit, Drescher and Imprevento, we build strong cases by using forensic evidence, witness testimony, and by using the latest in accident reconstruction technology. We also work with some of the foremost medical experts in the country to help provide testimony regarding the injuries of our clients.

If you or a loved one has been injured in an accident in the Virginia Beach, Norfolk or Tidewater area, contact Breit, Drescher and Imprevento for a free legal consultation today.

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