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Pedestrian Accident Witness Guide

How witness testimony strengthens your pedestrian accident case and how to secure it.


Importance of Witnesses

Witness testimony can:
- Corroborate your account
- Establish driver negligence
- Counter false claims
- Describe injuries observed
- Document scene conditions

Types of Witnesses

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Eyewitnesses
- Saw the accident happen
- Most valuable testimony
- Can describe vehicle speed, signals, etc.

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Occurrence Witnesses
- Arrived immediately after
- Saw positions of vehicles/victims
- Observed initial injuries

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Expert Witnesses
- Accident reconstruction
- Medical experts
- Vocational specialists
- Economic experts

Finding Witnesses

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At the Scene
- Ask anyone nearby
- Get names and phone numbers
- Note where they were standing
- Ask what they saw

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After the Scene
- Check nearby businesses
- Review surveillance footage
- Post on social media
- Check with responding officers

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Canvassing
- Return to scene at same time
- Ask regular pedestrians/workers
- Leave contact information
- Check for regular witnesses

Preserving Testimony

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Witness Statements
- Get written statements quickly
- Record video statements (with permission)
- Note date, time, location of statement
- Have attorney conduct formal interview

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Why Time Matters
- Memories fade quickly
- Witnesses may move away
- Details become confused
- Defense can challenge credibility

Witness Credibility Issues

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Strong Witnesses
- No relationship to either party
- Good vantage point
- Consistent statements
- No reason to lie

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Weak Witnesses
- Friends/family of a party
- Didn't actually see accident
- Inconsistent statements
- Potential bias

Working with Your Attorney

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What Attorneys Do
- Conduct formal interviews
- Obtain signed declarations
- Issue subpoenas if needed
- Prepare witnesses for deposition/trial

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Protecting Witnesses
- Keep contact info confidential
- Don't coach their testimony
- Let attorney handle contact
- Preserve written statements

Key Takeaways

  • Witnesses significantly strengthen cases
  • Gather contact information at the scene
  • Get written statements as soon as possible
  • Independent witnesses are most credible
  • Let your attorney handle formal witness preparation

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