How to Handle a He Said/She Said Accident Case
It’s not unusual for drivers involved in an accident case to give differing versions of the events that led to the accident. If you find yourself in a dispute over the events of your accident, you will need to rely on evidence beyond just your word if you are going to be able to succeed in your case.
Here are just a few of the factors that will be crucial to your success:
- The credibility of the other driver: Is there any reason to believe the other driver could be lying, or is less than credible? If so, this could make your version of events look better in comparison. Factors that might make a driver less credible include a criminal record, a lack of plausible details about how the event transpired and the person’s demeanor or attitude. If inconsistencies start to form in their testimony at various points in the case, this could also indicate a lack of credibility.
- Physical evidence: Examples of physical evidence include the damage done to the vehicles and photos done to thee accident site. In some cases, the physical evidence alone can make it clear who was at fault for the accident, regardless of what the other driver says.
- Police report: An official police report will typically not be used to determine fault, but it will include the facts of the case as written down by officers who responded to the site and, in some cases, the officer’s opinion as to who was at fault in the accident.
- Witnesses: If there were any witnesses to what happened in the accident, this can end the he said/she said nature of the case and introduce objective testimony. Witness evidence can be very powerful in accident cases.
For more information about steps to take when it’s your word against the other driver’s in your accident case, contact an experienced personal injury lawyer at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia LLP.