Will having a witness make a difference after a car accident?

Even a relatively minor car accident can lead to big losses. You may suffer damage to your car, any related medical costs, your lost wages and possibly some considerable pain and suffering to consider.

But what if you and the other driver don’t exactly see eye-to-eye when it comes to what you think actually happened?

Each person’s share of the blame affects what they can receive

Because Kentucky uses the pure comparative negligence rule when it comes to liability, each party is responsible for whatever share of the damages they caused.

In practical terms, that means that both drivers can actually recover damages so long as they aren’t 100% at fault for their injuries. It also means that any award you receive – even if you’re clearly the primary victim in the crash – will be reduced by whatever percentage of fault that’s attributed to you. For example, if your damages are worth $100,000 and you’re 20% at fault for the crash, you would only receive $80,000 on your claim.

This is where witnesses to the crash can have a big impact on what ultimately happens in a case – and there may be more visual evidence available to you than you realize through:

  • Your passengers and the other driver’s passengers
  • Good Samaritans who saw the wreck and stopped to give their name
  • Factory-installed cameras that were recording when the vehicle was in motion
  • Aftermarket dash cameras, which are common in vehicles today
  • Video from traffic cameras, door cameras on houses and retail security cameras

Eyewitness testimony and video evidence can both be used to help establish whether or not a driver was negligent or reckless in some way, and that can have a profound effect on a judge or jury’s opinions and how liability is allocated.

By seeking legal assistance, witnesses can be properly deposed and video evidence can be properly obtained so that it can be used in court. When you’re certain about the facts of a case, eyewitnesses and videos can back up your version of events and help to ensure that you get fair compensation.


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