How To Avoid Losing Eyewitness Evidence After A Car Accident

It's essential to preserve witness testimony when pursuing legal action after a car accident. There are many witnesses who might see the accident, but if you do not act quickly, you may lose crucial evidence that could help your case.

Memories Fade After an Accident 

The more time that passes between the time of the accident and the date of your trial, the more likely it is that a witness will forget crucial details. Fortunately, there are techniques that an attorney can use to increase the odds that they will be able to preserve witness testimony.

The Deposition

A witness might be asked to participate in a deposition. In this situation, the witness will participate in a question and answer session and will be required to give an accurate account of the events they witnessed while under oath.

The Affidavit

The deposition is carried out during the discovery process. However, at any point in the case, your attorney will be able to ask an eyewitness to sign an affidavit. With an affidavit, the eyewitness will be asked to describe what they experienced during the accident. The information that the witness provides then becomes an official part of the case.

How to Avoid Losing Evidence

One of the concerns with a deposition is that you may want it to be carried out as soon as possible, but you might not have reached the discovery stage of your case. However, there are several options available to you.

For one, your car wreck lawyer can always be in contact with the witness prior to the beginning of the discovery process. Your attorney can request that the witnesses write down what they remember about the car accident. 

Expediting the Deposition 

Also, you may be able to have the discovery process expedited to make sure the testimony is gathered if you have reason to believe that the witness will not be around for the discovery process.

However, if you will want to expedite the process, your car wreck lawyer will need to obtain permission from the courts. Then, your car wreck lawyer will be able to use the eyewitness testimony to build a solid case for why the other driver is at fault for the accident and why they need to be held responsible for any damages you have suffered. If you have a strong enough case, you might even be able to settle your case out of court before the trial begins.