The immediate aftermath of a car accident in Montana is usually quite chaotic. You may be injured, in shock and emotionally overwhelmed.
After checking for injuries and moving vehicles to a safe place, if possible, it is important to contact the police and have a report made after a car accident. Another crucial step is to contact anyone who witnessed the crash.
Car accident injuries can be serious and insurance companies may not always cover the full cost of your injuries. If you choose to pursue a personal injury action to recover compensation, strong witnesses who can back up your testimony can increase your chance of a successful recovery.
At the accident scene
If possible, contact witnesses at the accident scene and obtain contact information, such as their name, phone number and email address. Ask if they can briefly describe what they saw happen. When the police arrive, see if they are willing to provide a statement.
Details are important when speaking with witnesses. Ask them what they saw, heard and where exactly they were located when the accident occurred. See if they are willing to write a formal statement.
Good witnesses can provide information about the sequence and timeline of the accident. They can also describe any behavior of the other driver that can help prove liability, such as if a driver was speeding, distracted or smelled like alcohol.
Testimony about the other driver’s behavior can strengthen your case. Witnesses could describe how the other driver tried to leave the scene or immediately jumped out of their vehicle and apologized for causing the accident.
Additionally, witnesses can provide helpful information about external factors that contributed to the accident, such as weather conditions, road construction or crowded areas.
Reluctant witnesses
Witnesses may be reluctant to talk with you or the police at the scene. Do not push them or demand that they speak with you.
If a witness seems unwilling to cooperate with you but gives you their contact information, wait a few days or a week before contacting them. Do not wait too long or you risk the details not being fresh in their memory.
When you cannot get witness contact information at the accident scene, carefully review the police report. It might contain contact information for witnesses identified by the responding police officer.
You can also revisit the scene of the accident. Take note of any homes or businesses that could have surveillance cameras. Talk with business owners or residents and see if they recall seeing the accident or have camera footage of the accident.
Passengers as witnesses
Generally, independent witnesses are best. Although your best friend might have been traveling with you when the accident occurred, their testimony is likely to be viewed as biased by a judge or jury because they are your best friend.
This does not mean one of your car passengers cannot be a witness. They might have seen or observed things that you cannot remember due to the accident happening so fast. Their testimony can be valuable to filling in gaps in the timeline. Independent witnesses can provide a neutral, unbiased version of the accident.
Ideally, witnesses will want to testify for you. But if they do not want to testify despite having key information that can help your case, you may need to subpoena them, which legally requires them to attend a deposition or trial and testify.
