The Importance of Witness Statements in Portland Car Accidents

In Portland, there are between 10,000 and 12,000 reported crashes each year. While some are minor fender-benders, others turn victims’ lives upside down. If you or a loved one has been injured or killed in a Portland car accident that was not your fault, you have the right to fight for justice and compensation.

Witness statements can be compelling evidence when trying to prove who was at fault for your accident. Bystanders may have noticed things no one else did and can provide additional context. An eyewitness’s impartial testimony could strengthen your case and give you a better chance of securing fair compensation.

In this post, we explore the value of witness statements and how our skilled car accident attorneys use them. We will also analyze the challenges you may face when using them and how to overcome these.

Understanding Witness Statements

In a Portland car accident case, a witness statement is a detailed account given by someone who was not directly involved in the accident but saw it happen. Witness statements can provide a fascinating alternative perspective on the events that led up to the crash. 

Witness statements could help to corroborate your version of events as one of the drivers involved in the accident. Eyewitnesses may have observed negligence by other drivers that you could not see from your perspective.

In a Portland car accident case, witnesses could include:

• Other drivers who watched the accident unfold
• Passengers traveling in the vehicles involved in the accident
• Pedestrians who saw the accident at close quarters
• EMTs and police who were among the first at the scene

The Value of Witness Statements 

Witnesses have nothing to lose or gain from your car accident. Therefore, they are neutral and can provide an impartial account of what happened. This status lends credibility to their statements and makes them particularly valuable when proving who was at fault.

Witness statements could strengthen your case in the following ways:

• Corroborate your account: An impartial witness can confirm what led up to your accident. He or she may testify to the weather conditions, traffic levels, the sequence of events, and the behavior of other drivers. If a witness’s account aligns with your version of events, this could strengthen your case when negotiating with insurance companies or fighting your case in court.
• Provide objectivity: Emotions run high in the immediate aftermath of a car accident. This could easily cloud the judgment of the drivers involved, making it hard for them to provide objective accounts of what happened. Witnesses may be shocked by what they just saw, but they are largely detached from what happened. This can help them provide an objective account that is not colored by emotion. 
• Fill in missing details: The shock of a serious car accident can cause victims to forget what happened in the moments before the crash occurred. Witnesses may be able to fill in crucial details, such as speeding, traffic signal violations, or inattentive behavior of other drivers before the accident happened.

While witness statements are undoubtedly helpful, you should expect them to be analyzed, challenged, and even dismissed by the other side if the defense cannot corroborate a witness’s version of events.

This is one of many reasons it pays to work with an experienced Portland car crash lawyer who has seen all these tricks before. Your attorney may be able to use witness statements to strengthen your case and help you recover maximum compensation for your injuries and suffering.

Witness Statements in Oregon Auto Insurance Claims

Oregon insurance companies have one goal: to pay as little as possible in compensation — preferably none at all. One common tactic all insurance companies use is to pin the blame on you. 

Witness statements could help counteract an insurer’s attempt to downplay your claim. Armed with your testimony backed up by impartial witnesses, your personal injury attorney can fight hard in negotiations to prove that you are entitled to compensation.

Establishing negligence

To recover compensation in any personal injury case, a Portland attorney must establish the following four points:

1. Duty of care: The other driver/drivers had a duty of care toward you. This means they had a legal duty to drive carefully and follow the rules of the road.
2. Breach of duty: The other party breached their duty of care through reckless or negligent actions. This could involve breaking traffic laws, dangerous driving, speeding, or other negligent actions.
3. Causation: The other party’s breach of duty of care must be proven to be the direct cause of your injuries.
4. Damages: You must prove that the other party’s negligent actions have caused you economic and non-economic losses, for which you are entitled to compensation. 

Witness statements could be crucial to proving the duty of care was breached and may give evidence of negligent actions, such as:

• Distracted driving (such as texting while driving)
• Reckless driving
• Running a stop sign or red light
• Failing to yield

Witnesses may also testify to factors outside of a driver’s control, such as pedestrian and bicyclist errors and unforeseen events. Most Portland car accident claims can be settled out of court, and witness statements can be crucial to these negotiations. However, if it is impossible to recover fair compensation through negotiations, your Portland car accident lawyer can fight your case in court. 

In this scenario, witness statements are not usually admissible in court. Instead, witnesses must usually appear and testify in person. However, there are exceptions, and an attorney familiar with Oregon personal injury law can guide you through how they will be used in your case. 

Witness statements and modified comparative negligence claims

In some car accidents, the negligent actions of more than one party caused the accident. However, in some cases, you can still claim compensation, even if you were partially liable.

Under Oregon’s modified comparative negligence law, ORS 31.600, you can pursue compensation after a car accident if you were not more than 50 percent at fault. However, your total compensation award will be reduced by your level of liability. For example, if you were found to be 25 percent at fault and the total compensation would have been $80,000, you would be entitled to $60,000.

Witness statements can be crucial to determining fault. Their accounts may help insurance companies and car crash lawyers make accurate judgments on liability and negotiate fair settlements. 

The takeaway? Even if you suspect you were partially at fault for your car crash, do not conclude that you are not entitled to compensation. Talk to an experienced Portland car accident attorney who can explain your rights even if you are partially liable.

Gathering Witness Statements 

The moments after your accident are crucial for gathering witness information. 

If you are physically able, try to do the following:

• Identify witnesses: Talk to bystanders, such as pedestrians, cyclists, and other drivers who were not involved, and ask them if they saw the accident.
• Approach them: Respectfully ask if a witness would be willing to provide his or her contact details and a statement and for these to be passed on to your attorney.
• Gather details: Collect any witness’s name, address, phone number, and email address. This will make it easy for your car accident attorney to contact them later.

The accident scene is not the right time to ask witnesses to provide a statement. However, it is crucial to act fast. Talk to a Portland car accident attorney as soon as possible after your accident and provide him or her with the witness contact details. Your attorney can arrange for a member of the legal team to follow up and take the witness’s statement while it is fresh in the person’s mind. 

Car accident attorneys know the right questions to ask to obtain witness statements that stand up in negotiations. Witness statements should only include facts, not speculations about what drivers may have been thinking at the time of the accident.

Some effective approaches include:

• Asking the witnesses to talk you through what they saw
• Requesting background information — when they arrived, where they were located when the accident occurred, where they were looking, and how good a view they had.
• Asking the witness to draw a diagram or showing a map may help him or her to explain what happened more accurately.

Sticking to the facts will enable your car crash attorney to avoid witness statements that are little more than “he said, she said” accounts that are not useful in negotiations. This can also help head off some common challenges when using witness statements.

Challenges With Witness Statements

Insurance companies hate witness statements that corroborate your story and incriminate the at-fault driver. 

Insurance adjusters may try to use the following tactics to discredit witness testimony:

• Consistency: Adjusters may claim that the witnesses have contradicted themselves, making their statements hard to believe.
• Physical health: Insurance adjusters may claim the witness’s physical frailties, such as poor eyesight, meaning the person is unreliable and so his or her testimony cannot be believed.
• Criminal record: If a witness has a criminal record, the insurance company may claim this speaks to his or her character and means the witness is untrustworthy.
• Relationship to the victim: If a witness is a relative or friend, which is likely if he or she was a passenger in your car, the insurance company may argue that he or she is not impartial.
• Accuracy: The other party may challenge whether the witness really observed what happened or has drawn conclusions from the aftermath.

Car accident attorneys can anticipate these challenges and choose statements from the most credible witnesses. Without the support of an experienced Portland car accident lawyer, it may be very difficult to build a strong case for liability and receive maximum compensation. So how can you choose the right one?

Entrust Your Portland Car Crash Case to Johnston Personal Injury Law Firm

At Johnston Personal Injury Law Firm, we understand the critical role statements from credible witnesses can play in car accident claims. If we agree to represent you, we will prioritize gathering the highest-quality evidence, including witness statements, as soon as possible after the accident to ensure its reliability. 

Our clients know that we fight with everything at our disposal in pursuit of the best results. This includes conducting a thorough investigation and tailoring our approach to build the strongest possible case. Our results show that our tenacious approach works, with many of our clients obtaining 6- and 7-figure settlements.

Schedule a free consultation with a Portland car accident attorney today to explore your legal options. Call us or complete our online contact form and take the first step on the road to justice.