Why A Witness’s Evidence Matters in an Injury Claim

Why Witness Evidence Matters in a Personal Injury Claim

After an accident, the people involved may remember events differently. In some cases, the injured person and the person or business alleged to be responsible provide substantially different accounts of what happened.

This can create a dispute about liability.

An independent witness may be able to provide evidence about what they personally observed. Depending on the circumstances, that evidence can help establish facts that would otherwise be difficult to prove.

For example, a witness may have seen:

• Which traffic light was illuminated;
• Which vehicle entered an intersection first;
• Whether a driver was speeding or driving aggressively;
• Where vehicles were positioned before a collision;
• Whether a driver was using a turn signal;
• Where a person was walking immediately before a fall;
• The condition of a floor, sidewalk, parking lot, or other surface;
• Whether a hazard was present before an accident;
• What happened immediately after an accident; or
• The apparent condition of the injured person following the incident.

The value of witness evidence depends on what the witness actually observed, how reliable the evidence is, and how it relates to the issues in dispute.

Witness Evidence Can Help Establish How an Accident Happened

One of the most important questions in many personal injury claims is:

Who was responsible for causing the accident?

Establishing liability can require evidence from many different sources, including the people involved, independent witnesses, photographs, video recordings, police reports, medical records, accident reconstruction evidence, and other relevant documentation.

A witness may provide another independent account of the events.

This can be particularly important when the parties have conflicting versions of what occurred.

Witnesses to Motor Vehicle Accidents

Witness evidence can be particularly important in motor vehicle accident claims.

Alberta motor vehicle accident claims can involve disputes about traffic signals, right-of-way, speed, lane position, following distance, turns, vehicle movements, road conditions, and the actions of the drivers involved.

For example, imagine a collision at an Edmonton intersection.

One driver says the traffic light was green when they entered the intersection. The other driver says the light was red.

If an independent witness actually observed the traffic signal and the vehicles entering the intersection, that person’s evidence may be relevant to determining what happened.

The witness does not decide who is legally responsible. Rather, the witness provides evidence about what they personally observed. The significance of that evidence must then be assessed together with the other evidence in the claim.

Example: A Witness to an Intersection Collision

Consider a hypothetical collision involving a left-turning vehicle and a vehicle travelling straight through an intersection.

The driver turning left says they had a green light and that the other vehicle entered the intersection against a red light.

The injured driver says they had a green light and that the turning vehicle entered their path.

Without independent evidence, the insurers may have difficulty determining which account is accurate.

A witness who was standing nearby and clearly observed the traffic signal and vehicle movements may provide evidence that helps resolve the dispute.

This does not mean that a witness automatically determines the outcome of a claim. The witness’s location, ability to see the events, consistency, credibility, and the surrounding evidence all matter.

Witnesses to Slip and Fall Accidents

Witness evidence is not limited to motor vehicle accidents.

It can also be important in slip and fall and other occupiers’ liability claims.

A witness may have observed:

• The person walking through the area before the fall;
• The actual fall;
• The condition of the floor or walking surface;
• Water, ice, debris, uneven surfaces, or another hazard;
• Warning signs or barriers;
• The actions of employees or property occupants before the incident;
• The condition of the injured person immediately after the fall; or
• Whether the hazardous condition remained after the accident.

A witness may therefore provide evidence about both the circumstances that caused the incident and what happened immediately afterward.

In an Alberta occupiers’ liability claim, the applicable law and the particular facts determine whether a property occupier may be legally responsible.

What Does an Independent Witness Mean?

An independent witness is generally a person who does not have a personal interest in the outcome of the dispute and who can provide evidence based on what they personally observed.

For example, a person who happened to be walking nearby when a collision occurred may be considered more independent than a close friend or family member of one of the people involved.

However, independence is only one consideration.

A witness’s ability to observe the event, memory, consistency, opportunity to see what happened, and credibility may all be relevant.

A witness should not be treated as automatically reliable simply because they are not related to the injured person.

Does a Witness Have to See the Entire Accident?

Not necessarily.

Different witnesses may observe different parts of an incident.

One person may see the events immediately before a collision. Another may see the collision itself. A third person may arrive immediately afterward and observe the condition of the vehicles or the injured person’s physical condition.

Each person’s evidence may provide a different piece of the overall picture.

The importance of a particular witness depends on the issue the evidence is capable of addressing.

What Information Should You Get From a Witness?

If you are physically able to do so after an accident, try to obtain the contact information of people who witnessed what happened.

Useful information can include:

• Full name;
• Telephone number;
• Email address;
• Home or mailing address, where appropriate;
• Where the witness was located;
• What the witness says they observed; and
• Whether the witness has photographs or video of the incident.

You should also preserve any notes or information identifying how the witness came to your attention.

If you are unable to collect this information yourself because of your injuries, someone assisting you may be able to do so.

Do Not Coach or Pressure a Witness

A witness should provide their own recollection of what they observed.

Do not pressure a witness to change their account or tell them what you believe happened.

If you are collecting contact information at the scene of an accident, it is generally better to record the witness’s information and preserve the evidence rather than attempting to conduct a detailed legal interview yourself.

A lawyer can determine what additional steps may be appropriate when investigating a personal injury claim.

What If There Are No Witnesses?

The absence of an independent witness does not mean that you cannot have a personal injury claim.

Many claims are established through other evidence.

Depending on the circumstances, relevant evidence may include:

• Photographs;
• Dashcam footage;
• Security camera recordings;
• Police reports;
• Vehicle damage;
• Accident reconstruction evidence;
• Medical records;
• Employment records;
• Electronic records;
• Incident reports;
• Business records;
• Messages and correspondence;
• Statements from the parties involved; and
• Other documentary or physical evidence.

The strength of a personal injury claim is determined by the evidence as a whole, not simply by whether an eyewitness exists.

Dashcam and Video Evidence Can Be Extremely Valuable

Modern vehicles and smartphones have made video evidence increasingly common in accident investigations.

A dashcam may capture the events immediately before and during a motor vehicle collision.

Depending on the circumstances, video from a nearby business, traffic camera, residential security system, or another vehicle may also provide relevant evidence.

If you have video that may relate to an accident, preserve the original recording.

Do not edit, crop, overwrite, or otherwise alter the original file if it may become relevant to a legal claim.

If you believe a nearby security camera may have captured an accident, tell your lawyer as soon as possible. Some surveillance systems automatically overwrite older footage.

Photographs Can Support Witness Evidence

Photographs taken shortly after an accident may help corroborate what a witness says occurred.

Depending on the type of accident, photographs may show:

• Vehicle positions;
• Vehicle damage;
• Road conditions;
• Traffic signs and signals;
• Ice or snow;
• Water or other hazards;
• Lighting conditions;
• Property damage;
• The location of a fall; or
• The condition of the surrounding area.

Photographs can become particularly useful when an accident scene changes shortly after the incident.

Witness Evidence and Insurance Companies

Insurance companies investigate personal injury claims and may seek information from witnesses as part of that investigation.

Witness names and contact information can therefore be important during the early stages of an injury claim.

If an insurer asks questions about an accident or its witnesses, provide truthful information. If you are uncertain about your legal position or the insurer is conducting a detailed investigation into liability, you may wish to obtain independent legal advice.

Witness Evidence in a Personal Injury Lawsuit

If a personal injury claim proceeds to litigation, witnesses may become part of the formal evidence in the case.

The importance of a witness depends on the issues in dispute and the evidence the witness can provide.

A witness may be able to give evidence about:

• How an accident occurred;
• The condition of the accident scene;
• The conduct of a driver;
• The existence of a hazard;
• The actions of employees or property occupants;
• The injured person’s condition immediately after the accident;
• Changes they observed in the injured person’s abilities or behaviour; or
• Other facts within the witness’s personal knowledge.

The court ultimately determines what weight should be given to the evidence after considering all of the evidence presented.

Can a Family Member Be a Witness?

Yes, a family member may have relevant evidence.

For example, a spouse or family member may have observed changes in an injured person’s physical abilities, daily activities, memory, mood, or ability to perform household tasks following an accident.

However, a family member who has a personal relationship with the injured person may have a different perspective from an unrelated eyewitness to the accident.

The significance and weight of the evidence depends on what the person observed and the circumstances in which they observed it.

What If a Witness Changes Their Story?

Witness recollections can change over time.

Memories may become less precise, particularly when a significant amount of time has passed.

Differences between an early account and later testimony may therefore become an issue in a disputed claim.

This is one reason it can be useful to identify witnesses and preserve relevant evidence as soon as reasonably possible after an accident.

Why Timing Matters When Gathering Evidence

Evidence can become harder to obtain as time passes.

A witness may move, change telephone numbers, forget details, or become difficult to locate.

Video surveillance may be automatically overwritten.

Road conditions can change. Snow and ice can melt. A damaged vehicle may be repaired. A hazardous condition at a property may be removed.

For these reasons, preserving potentially relevant evidence early can be important.

What Should You Do After an Accident?

If you have been injured in a motor vehicle accident, slip and fall, or another incident, consider taking reasonable steps to preserve evidence.

1. Seek appropriate medical attention.
   Your health should be your first priority.
2. Record what happened.
   Write down what you remember while the events are still relatively fresh.
3. Identify witnesses.
   Obtain names and contact information where possible.
4. Take photographs.
   Photograph the accident scene, vehicles, injuries, and relevant conditions when it is safe and appropriate to do so.
5. Preserve video.
   Save dashcam, cellphone, security-camera, or other recordings that may be relevant.
6. Keep documents.
   Preserve medical, employment, insurance, and other records relating to the accident.
7. Consider obtaining legal advice.
   If you have suffered a significant injury or liability is disputed, a personal injury lawyer can help identify and preserve relevant evidence.

What If the Other Driver Says the Accident Was My Fault?

Liability disputes are common in some motor vehicle accident claims.

If another driver provides a different account of what happened, do not assume that the other driver’s version will automatically be accepted.

Evidence may include witness statements, photographs, vehicle damage, traffic-camera footage, dashcam recordings, police information, accident reconstruction evidence, and other relevant material.

An Edmonton personal injury lawyer can review the available evidence and help determine what additional investigation may be appropriate.

What If the Witness Does Not Want to Get Involved?

Some people may be reluctant to become involved in a legal dispute after witnessing an accident.

Do not pressure or threaten a witness.

Simply preserve whatever identifying information you have and provide it to your lawyer or insurer as appropriate.

The legal process provides mechanisms for obtaining evidence from witnesses when necessary, subject to the applicable rules and circumstances.

Witness Evidence Is Only One Part of an Injury Claim

A strong personal injury claim is rarely based on a single piece of evidence.

Lawyers and insurers may consider the evidence as a whole.

This can include evidence relating to:

• Liability;
• The nature and severity of the injuries;
• Medical treatment;
• Recovery;
• Loss of income;
• Loss of earning capacity;
• Future treatment and care;
• Out-of-pocket expenses;
• The impact of the injury on daily activities; and
• Other losses associated with the accident.

Witness evidence may help establish some of these facts, while medical, financial, documentary, and expert evidence may be necessary to establish others.

Frequently Asked Questions About Witnesses in Personal Injury Claims

Why are witnesses important in a personal injury claim?

Witnesses can provide independent evidence about what they personally observed. Their evidence may help establish how an accident happened, the condition of an accident scene, or what occurred immediately afterward.

Do I need a witness to make a personal injury claim?

No. A personal injury claim does not necessarily require an eyewitness. Liability and damages can be established through many types of evidence, including photographs, video, medical records, police information, documents, expert evidence, and the evidence of the parties involved.

What should I do if someone witnessed my car accident?

If possible, obtain the witness’s name and contact information. Preserve that information and provide it to your lawyer or insurer as appropriate.

Can a witness prove who caused a car accident?

A witness may provide important evidence about how an accident occurred, but a witness does not personally determine legal liability. Liability is assessed based on the applicable law and the evidence as a whole.

Are independent witnesses more valuable than witnesses who know me?

Independence can be relevant when assessing evidence, but it is not the only consideration. The witness’s opportunity to observe the event, memory, consistency, credibility, and the substance of their evidence may all matter.

Can a dashcam replace a witness?

Dashcam footage can provide valuable evidence, but it does not necessarily replace witness evidence. A recording may capture some aspects of an accident while a witness may have observed other relevant circumstances.

What if there are security cameras near the accident?

Identify the cameras as soon as possible and tell your lawyer. Some surveillance systems automatically overwrite recordings after a limited period, so potentially relevant footage may need to be preserved promptly.

Can a witness help with a slip and fall claim?

Yes. A witness may be able to provide evidence about the condition of the property, the hazard that caused the fall, what they observed immediately before and after the incident, or other relevant circumstances.

Can a family member be a witness in my injury claim?

Yes. A family member may have relevant evidence, particularly concerning changes in an injured person’s condition and daily functioning. The weight given to that evidence depends on the circumstances and what the person personally observed.

What happens if a witness changes their story?

Differences between a witness’s earlier and later accounts may affect how their evidence is assessed. Preserving information and identifying witnesses promptly after an accident can help preserve an accurate record of what was observed.

How Moustarah & Company Can Help

At Moustarah & Company, our Edmonton personal injury lawyers investigate the circumstances surrounding injury claims and assess the evidence relevant to liability and compensation.

This can include reviewing witness information, photographs, video recordings, police information, medical records, employment documentation, insurance information, and other evidence relevant to the claim.

If liability is disputed, identifying and preserving relevant evidence can be particularly important.

Our lawyers can help you understand the evidence available in your case and the legal options that may be available to you.

Learn more about personal injury claims in Edmonton
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