816-326-2968In the aftermath of a car accident, determining who was at fault can be one of the most contested and crucial elements of any insurance claim or legal case. While physical evidence and official reports are key components, one element that often plays a vital role in establishing fault is eyewitness testimony.
Eyewitness accounts can offer a clear, impartial version of events that may either support or challenge the claims made by the drivers involved. In Missouri, where the legal system follows a pure comparative fault rule, credible witness statements can significantly influence the outcome of a case. This article explores how eyewitness testimony can impact a Missouri car accident claim, what makes it credible, and how to effectively gather it after a crash.
Understanding Missouri’s Comparative Fault Law
Missouri uses a pure comparative fault model to determine damages in car accident cases. Under this system, each party involved in a crash can be assigned a percentage of fault. Even if you are partially responsible for the accident, you may still be entitled to compensation, though your recovery is reduced in proportion to your share of the fault.
Because fault can be shared or disputed, having strong evidence to support your version of events is essential. This is where eyewitness testimony can make a meaningful difference.
How Eyewitness Testimony Helps Establish Fault
Eyewitnesses are typically individuals who saw the accident unfold but were not directly involved. These bystanders can provide an objective narrative about how the crash occurred, what each driver was doing, and the road or weather conditions at the time. Their perspective may fill in details that neither driver can fully explain, especially in chaotic or fast-moving incidents.
Eyewitness testimony may be used to:
- Confirm whether a traffic signal was obeyed or violated
- Verify the speed and direction of the vehicles involved
- Describe driving behavior, such as texting, swerving, or failing to yield
- Support or challenge each party’s account of the incident
Having someone unrelated to either driver offer an independent view often strengthens the credibility of a claim and may influence decisions by insurance adjusters, judges, or juries.
Qualities of a Credible Eyewitness
Not every eyewitness provides testimony that holds up under scrutiny. For a statement to carry weight in an insurance claim or court proceeding, it must be credible. Insurance companies and legal teams evaluate eyewitness credibility based on several factors:
1. Location and Visibility
Where the witness was positioned during the crash matters. An eyewitness standing on a nearby sidewalk or in a vehicle directly behind the collision is likely to have had a clearer view than someone several blocks away or inside a building.
2. Attention and Awareness
A reliable witness was actively observing the scene before and during the collision—not just reacting to the sound of the crash. A person who watched the traffic unfold in real time can offer more detail than someone who looked up after hearing the impact.
3. Neutrality
An unbiased witness is more compelling. If the witness is a friend, relative, or passenger of one of the drivers, their account may be viewed as less objective. Independent bystanders tend to be more persuasive to insurance companies and in court.
4. Consistency
A credible eyewitness provides a consistent story across different interviews. If a witness gives varying accounts or contradicts themselves in later statements, their reliability can be questioned.
5. Detail
Specific, well-reasoned observations enhance a statement’s value. Vague or overly general accounts are less likely to influence fault determinations.
How Eyewitness Testimony Is Used in a Car Accident Case
Eyewitness statements can be introduced during different stages of a car accident claim, including:
During the Insurance Investigation
Insurance adjusters often rely on eyewitnesses to support or dispute their insured’s version of events. If both drivers tell conflicting stories, a third-party account can break the tie and help adjusters decide on liability and damages.
In Settlement Negotiations
If a claim is heading toward settlement, strong witness testimony may give your legal team leverage. Insurance companies are more inclined to offer fair settlements when there is credible evidence supporting your side of the story.
In Court Proceedings
If a car accident lawsuit goes to trial, eyewitnesses may be called to testify. Their spoken testimony, under oath, can be highly persuasive, especially when supported by physical evidence like photos or police reports.
How to Gather Eyewitness Testimony After an Accident
Because witnesses may leave the scene quickly, it’s important to act fast if you are physically able. Here’s how to capture eyewitness information effectively:
- Ask for Contact Information
Get the witness’s name, phone number, and email address. This allows your attorney or insurance provider to follow up later. - Request a Statement at the Scene
If possible, ask the witness to describe what they saw. They can write it down, text or email it to you, or speak into your phone for a quick voice recording. - Inform Law Enforcement
Tell responding officers that there are witnesses present. Police may interview them and include their accounts in the official accident report. - Preserve Their Information
Save contact details in a secure location and share them with your attorney or insurance company promptly.
What if There Are No Eyewitnesses?
While eyewitnesses can be valuable, they aren’t always available. In such cases, other types of evidence can still help establish fault, including:
- Photographs of the scene, vehicles, and road conditions
- Video footage from traffic or security cameras
- Vehicle damage reports
- Your medical records
- Your own detailed statement and timeline
Still, when available, even one strong eyewitness can strengthen a claim and reduce disputes over fault.
Why Time Is Critical
The effectiveness of eyewitness testimony often depends on how quickly it is collected. Over time, people’s memories fade, details become blurred, and it may become harder to locate witnesses. If a case progresses to court months later, timely-recorded statements may be more useful than relying on someone’s memory alone.
For this reason, it’s often best to consult with a personal injury attorney soon after an accident. Legal teams have the resources to track down witnesses, preserve their statements, and incorporate their testimony effectively into your case strategy.
If you’ve been involved in a car accident in Missouri and need help identifying or working with eyewitnesses, Aramjoo Law Firm is here to serve you. Contact us today at (816) 479-5898 or online to schedule your free consultation.