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The Reasons Why Witnesses Are Essential in a Truck Accident Case

June 13th, 2022 by
The Reasons Why Witnesses Are Essential in a Truck Accident Case

If you or a loved one have been involved in a truck accident due to someone else’s negligence, you should not have to pay for the losses you sustained. A Texas truck accident attorney can help you gather evidence and build a claim for compensation. Witness statements are an essential piece of evidence that your attorney will use to support your claim.

Why You Need Witness Statements for Your Truck Accident Claim

When you have been injured in a truck accident, witness statements offer indispensable documentation to help you establish a solid claim. Witness statements:

Prove Fault

Because you were involved in the accident, you may not know how the situation unfolded. A statement from an independent witness can help you prove that the other party was at fault. 

Establish an Accident Timeline

A witness who was not part of the accident can provide a clear timeline, including how it started, when and where the accident occurred, and other critical details. With this information, your attorney can reconstruct the accident to support your claim.

Prevent Hearsay

Without witness statements, a truck accident claim can devolve into a series of accusations from everyone involved. Concrete evidence in the form of photographs, video, and witness statements prevent these exchanges by presenting clear, concise facts to support your claim. 

Document Evidence

You may know that the other party was at fault, but you must provide proof. A witness statement provides documentary proof of the accident. Video and audio recordings from eyewitnesses, nearby businesses, and traffic cameras can also be submitted as evidence.

Establish Claim Value

The value of a Texas truck accident claim is based not only on the actual damages and injuries, but also on the amount of fault allocated to each party involved. A witness statement can help you to establish that the other party was at fault and maximize the value of your settlement. In addition, an eyewitness statement can attest to the severity of the accident and the damages incurred.

Who Can Give a Witness Statement?

Common witnesses in Texas truck accidents include pedestrians, uninvolved motorists, workers or customers in nearby businesses, and construction and utility employees on sites adjacent to the accident scene. Anyone who had a clear, unobstructed view of the accident, but was not involved, can serve as a witness. 

What Is in a Witness Statement?

Depending on the circumstances of your accident, a witness statement may include: 

  • Date, time, and location of the accident
  • How the accident progressed
  • Whether there were other parties involved
  • Weather conditions at the time of the accident
  • Traffic conditions, traffic signals, and other details
  • Construction, obstructions, or other circumstances that affected the accident
  • Whether one or more of the people involved braked hard during the accident

Witness statements will be used by everyone involved in the claim to determine how the accident occurred and who was at fault. Since the other driver and their insurance company will generally try to shift at least part of the blame to you, it is important to have a witness statement that upholds your innocence.

How to Obtain a Witness Statement

If you are injured in a truck accident, your first priority is to remove yourself from harm and seek medical attention. If it is safe, you can begin collecting contact information from witnesses at the accident scene. 

Obtain the names, phone numbers, and email addresses of individuals present at the time of the accident. You can also request witness contact information from the police report and 911 emergency dispatch logs.

Contact the witnesses to request detailed written accounts of the accident. Details are important, but they should avoid making any guesses about who was at fault. 

With a Texas truck accident lawyer on your side, you don’t have to worry about obtaining witness statements and determining how to use them for your insurance claim or injury lawsuit. Your lawyer will handle the legal aspects involved with building your claim, so you can focus on your recovery. 

A Texas Truck Accident Attorney Can Help

According to the Texas Department of Transportation, thousands of people are injured in truck accidents each year, and the NHTSA indicates that approximately 12% of fatal crashes in Texas involve large trucks. Truck accidents are more likely to result in severe injury or death, due to the trucks’ size and weight. 

Accident claims tend to become increasingly complex with more severe injuries. Since truck drivers typically work for the company that owns the truck, your claim can also involve multiple at-fault parties. The driver may be directly responsible, but the company can also be at fault. 

A Texas attorney familiar with commercial truck laws and regulations will be able to establish all the at-fault parties involved, so you have a greater chance of receiving a fair settlement for your losses. Texas Civil Practice and Remedies Code § 16.003 limits the amount of time you have to file a lawsuit for damages, so contact an attorney as soon as possible so that your attorney has time to compile witness statements and other evidence for your claim.

Contact Clay Jenkins & Associates to Discuss Your Truck Accident Claim

If you or a loved one was injured or killed in an accident with a commercial truck, Clay Jenkins & Associates is here to help. Our truck accident attorneys will pursue all responsible parties, including the truck driver and their employer, to seek the compensation you deserve.

Contact us today to arrange your free consultation. 

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