- December 20, 2021
Witness testimony can be one of the most jarring elements of evidence if you have been a victim of a Greenville car crash and aim to file a lawsuit. It is implied that there must be a witness to your car’s impact. There are certain benchmarks along with a few conclusive factors that determine whether a witness could be deemed as a credible source of information. A Greenville car wreck attorney can assist in finding out if there was any witness to the scene and whether their information is correct and unbiased.
As per the data reported by CDC, more than 785 people lost their lives in South Carolina due to car accidents in 2013.
Why Witnesses Are Important in Greenville Car Crash Cases
Most of the Greenville car crash claims come down to a “your word against mine” situation. Due to the fact that the culprit party does not want to be charged higher insurance rates by being blamed for the car accident, therefore, their statements might be biased to their interests.
While you want to receive the maximum amount of payout, their insurer can go to all lengths in order to try and minimize the payout. A witness can be the sole decider in convincing the court and backing up your statement. This is due to the fact that witnesses have no vested interest in the case and are independent.
Factors That Can Weaken Credibility:
There are several factors that can impair the credibility of a witness, such as the following:
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Criminal Past:
A witness having a history of felonies can have a hard time convincing the court about what they saw. This is because a person with a clean slate is considered to be a more reliable source of information.
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Reputation for Being a Dishonest Person:
An individual will not be considered reliable if they are famously known for lying and deceiving. The defendant will challenge everything the witness says and challenge the integrity of their claim.
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Problems with Cognition or Impaired Vision:
What the witness saw may be questionable by the court if they have issues with remembering things, have a blurred memory of what exactly happened at the scene, or were influenced by some other medical factors.
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Vested Interest in the Case:
A jury may consider the testimony of a witness biased if they have any interest aligned with the legal outcome of the case. These witnesses may include close friends or relatives.
Factors that Make Testimony More Valuable:
Following are the factors that can make eyewitness statements invaluable include:
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Close to the Scene of Impact:
The plaintiff does not have to prove that they are a good driver in case where a credible witness present near the scene of the wreck backs up their story. Such testimony can be extremely crucial for the fate of the case.
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Aim and Objective:
Witnesses who have no apparent association with either one of the parties are considered prime witnesses.
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Consistent Statements:
The credibility of a witness could be assessed by checking for any inconsistencies in their statements. Witnesses firmly sticking to their stories are more credible.
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The Witness is of Sound Mind:
The witnesses should meet the standards of adequate mental and physical health. It should be ensured that they are not suffering from anxiety or trauma and do not have a history of medical illness.
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Not Drunk or Intoxicated:
At the time of the crash or while testifying in court, a witness should not be intoxicated or under the influence of drugs or alcohol. If this is the case, the entire legal proceedings could go sideways and the testimony will be deemed as inadmissible in court.
How Witness Credibility Affects a Greenville Car Crash Claim:
The ability of a Greenville car crash attorney to work out a fair settlement offer can be directly affected by the credibility of a witness. There are chances that the defendant’s lawyer questions the integrity and character of the witness and challenges their memory of the crash. In order to provide a solid basis for your claim, finding an unbiased witness who has an undistracted and vivid memory of the day is your key. This will assist in backing up your claim and provide you with the fair compensation that you rightly deserve.
Reach Out to Our Greenville Car Crash Attorneys:
Insurance corporations have highly skilled and cunning lawyers on their payroll. The last thing you want is to go against such professionals on your own. Contact a Greenville auto accident attorney to better understand the legal framework of such cases and for increased chances of your success.