The Importance of Gathering Witnesses at the Scene of a Car Accident for a More Successful Trial with an Experienced Tampa Car Accident Lawyer

When an auto accident occurs, identifying witnesses at the scene is generally not the first thing that an injured person thinks about. And yet that information can be extremely important in order for your Tampa car accident lawyer to help you pursue a personal injury claim after an auto accident. These witnesses may be the only way that the injured person can prove that he or she is not liable for the accident and/or that the other party is. Without witnesses, a car accident lawyer in Tampa may not be able to pursue your claim leaving you with unpaid medical bills, unreimbursed wage losses and nothing for the inconvenience and the pain that results from your injuries.

So after the police are called as well as an ambulance if necessary, take a moment to think about gathering contact information for witnesses. Although some witnesses may wait around for the police to arrive, others may leave either because they are in a hurry or they just don't want to be involved. So look around and notice whether or not there is anyone who may have observed the car accident. If so, approach the witnesses and gather as much contact information as possible.

The reason gathering as much contact information as possible is necessary is because you want to be sure that these witnesses can be located after everyone leaves the scene of the auto accident. So ask for not just the witnesses’ first and last names but their middle names as well. Ask for current addresses and, if the witnesses are willing to provide it, their prior addresses. This can be useful in tracking them down using various databases.

Also, of course, ask for phone numbers including cell phones. Ask for e‐mail addresses and any other information you think might be helpful in tracking a witness down. Also, make a note about what the witness says that they saw. It may not be appropriate to do at the scene, but be sure to put your recollection on paper as soon as possible. The witness’s testimony may change, but often people take an ownership interest in the statements that they first utter, and these are often times the most accurate. Time and other influences can cause even impartial witnesses to claim that the accident occurred in a manner different than what they first said they saw. So while at the car accident scene, confirm with the witness their statements.

In the chaos that may result immediately after an accident with significant injuries, it may be very easy to misplace or lose the witness information that you gather. So be sure to put that information in a safe place.

If you are not in a position to gather witness information because of pain or injuries at the car accident scene, you might consider having an uninjured passenger or perhaps a friend or relative who comes to the auto accident scene gather that information for you. Explain to them the importance of gathering this information so that they will be sure to do a thorough job.

Although in some cases the police may ask these witnesses for statements, often times that is not the case. Regardless, your Tampa car accident attorney will often send an investigator to take the statement of the witnesses, especially in cases where it is obvious that the question of who caused the accident will be contested. Our law firm will often also send a court reporter along with the investigator so that the testimony of the witness taken soon after the actual car accident can be documented and used to refresh the recollection or impeach the witness should they change their testimony in the future.

If you're in an auto accident where you've been rear ended, you may feel as if gathering witness contact information is unnecessary,but that's not always the case. Although there is a presumption of negligence in rear end collisions in Florida, it is a presumption that can be rebutted. For example, the at fault party can claim that you suddenly stopped in an area where such a stop would not normally have occurred. The negligent driver may actually blame you for the car accident. This is called the “sudden stop" defense to a rear end collision. Or the negligent driver may claim that you put your car in reverse and backed into them causing the rear end accident.

So whether you were rear ended in a car accident in Tampa or in a T‐bone accident in Brandon, gather witness information and consider contacting a law firm to discuss the appropriate next steps. Often, it can be important that these witnesses are contacted soon after the accident.  Waiting to contact a law firm can have a significant impact on the outcome of your case. Our law firm has many years of experience in locating and communicating with accident scene witnesses. Please contact us. We look forward to speaking with you.