What to Do if There Are No Witnesses at the Accident Scene
If you suffered an injury in a car accident that was caused by another driver, but there are no witnesses to back up your claim, it can make it more difficult to obtain the compensation to which you are entitled. However, there are things you can do to improve your claim’s outcome and help protect your rights, and one of the most important is consulting with an experienced South Carolina car accident attorney early in the process.
Gathering Evidence
If no one witnessed the accident that caused you to be injured, it can make proving the other driver’s negligence more difficult, but it won’t necessarily come down to your word against the other driver’s. To begin, even if no one witnessed the accident, more and more cars have dash cams that capture what happens on the road, and if your vehicle – or the other driver’s – is one of these, it can go a long way toward determining the other driver’s fault. Further, many of these cameras have overwriting installed that doesn’t allow footage that’s captured around the time of an accident to be deleted, which means the other driver may not be able to keep the footage from you.
Other important forms of evidence that can help you prove the other driver’s fault include:
- Footage from any security cameras in the vicinity of the accident
- The police report – while the police can’t testify as expert witnesses regarding accidents they didn’t see, their accident reports can still play an important role
- Physical evidence gathered at the scene
- Accident recreation models that employ forensic techniques to determine the mechanics of accidents
Your own testimony regarding how the accident happened will also be factored in, and if you’re deemed more credible than the other driver, it will likely be weighted more heavily than theirs.
The Duty of Care You’re Owed
Motorists owe one another a significant duty of care, which refers to taking the precautions necessary to protect the safety of everyone on the road. There are also certain kinds of driver negligence that are less challenging to prove – even without the testimony of additional witnesses – including the following:
- Impairment – If the other driver is impaired, the police officer will very likely catch it, and if you observe signs of their impairment, you should let the attending officer know.
- Speed – While you can share that you witnessed the other driver speeding, it may not be enough to prove your point. There is, however, likely to be physical evidence, such as skid marks, that can help you establish this fact.
- Distraction – If you witnessed the other driver on their phone behind the wheel, you may be able to corroborate what you saw through their phone records.
Discuss Your Case with an Experienced South Carolina Car Accident Attorney Today
If you suffered an injury due to another driver’s negligence but have no eyewitnesses, Craig Brown at The Law Office of D. Craig Brown is a capable South Carolina car accident attorney who will leave no stone unturned in his focused efforts to prove the other driver’s negligence and to obtain fair compensation that covers your full range of losses. You’re not alone in this – reach out for the help you need by contacting or calling us at 843-676-0169 today.
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