Witnesses play a crucial role in vehicle accident cases. In addition to the parties directly involved, eyewitnesses can provide key details or corroborate evidence. In Nevada, their testimony can significantly impact the outcome of an accident case.
Establishing liability and connecting the accident to any resulting injuries or losses is essential in vehicle accident cases. An experienced attorney can enhance your case by effectively leveraging witness testimony.
Witness Testimony Relevant to Vehicle Accident Cases
Typically, vehicle accident cases involve both eyewitnesses and expert witnesses. The latter may include:
- Medical experts who explain the nature of the injury and the probable causes
- Highway safety experts who testify on the road conditions surrounding the accident
- Mental health experts who describe the emotional impact of the accident or the possible mental states that could have affected the actions committed during it
- Automotive experts who give their opinions on the vehicles involved in the accident
- Economics experts who break down the financial implications of the accident
The nature of the accident and its specific details will influence the selection of witnesses. The ideal witness is someone whose statements will strengthen and support your case.
The Importance of Witness Testimony
Witness testimony can influence the outcome of a vehicle accident case for several reasons:
It Promotes Objectivity
When the plaintiff and the defendant offer varying accounts of an accident, eyewitness testimony can provide a separate, unbiased account. Aggrieved and embattled parties often remember details from a self-centered point of view. A third party’s version of events can provide an objective perspective.
That said, third party testimony isn’t the final word. It can be important in proving liability, but the court must consolidate all accounts of the accidents, including expert witness testimonies, before issuing a verdict on culpability in the final ruling.
It Provides Supporting Evidence
Although evidence like traffic camera footage, posted traffic signs, and recorded vehicle speeds can offer insight into an accident, witness testimony remains valuable in corroborating such information.
For example, a bystander who interacted with the parties can testify to their state of being. They can report on activities like drinking or the defendant’s demeanor before the accident, which could clarify what happened during the accident.
It Serves to Reconstruct the Accident
Witness testimony from both eyewitnesses and expert witnesses helps reconstruct the events leading up to the accident, as well as its aftermath. Painting a clear picture of the timeline of an accident helps determine liability by examining each action and its impact.
It Helps Explain Complex Concepts
An expert witness can explain to a court or jury some of the more obscure or technical aspects of the factors that contributed to an accident. Such testimony can also help either party negotiate for fairer settlements.
It Provides Human Elements Pertinent to the Case
The human aspect is vital in personal injury cases. Eyewitnesses can underscore the dangers of behaviors like reckless driving. A driver might have seemed distracted despite driving within permissible limits, or they could have been spotted arguing with a fellow passenger or seen cursing from anger.
Personal accounts help fill in the gaps that cameras, trip meters, and other scientific evidence leave. Such aspects can be critical in determining motivations, liability, and the extent of blame in vehicle accident cases.
Possible Challenges Presented by Witness Testimony
Although witness testimony can be highly impactful in vehicle accident cases, it also presents certain challenges, including the following:
Credibility
Nevada Revised Statutes Chapter 50 and other related laws outline general provisions regarding who can be a witness in a case. In many cases, the opposing counsel can poke holes in the credibility or testimony of eyewitnesses.
Limitations of Human Memory
Many studies have challenged the accuracy of eyewitness testimony because of various factors that affect human memory. For example, information given after an event can distort one’s memory of it. Other elements, such as gender or racial differences, can create hidden biases in an eyewitness’s perception of events.
Competence
Either attorney can challenge the credentials or knowledge of an expert witness called to the stand by the opposing counsel. This is a common and often effective strategy in tearing down the other side’s case, especially if their claim is largely based on the expert’s testimony.
Contact an Attorney for Personalized Guidance
In Nevada, witness testimony can make or break a vehicle accident case. When used effectively, it can provide much-needed clarity and impact the determination of liability. However, it takes an experienced attorney to properly leverage witness testimony to strengthen a case.
Contact Hill Firm today to arrange a free, no-obligation consultation and find out the next steps you should take for your vehicle accident case.