Witnessed A Car Accident? Here’s What To Do

Do Car Accident Witnesses Legally Have To Make A Statement?

In Nevada, there are no laws outlining what you’re required to do if you witness an accident. However, as a general rule, you should call 911 if you see a car accident where it looks like there are injuries or major property damage.

If you see a low-speed fender-bender, you likely don’t need to report it — the drivers of the involved vehicles are likely unharmed, and they should have no trouble reporting the accident themselves. 

However, if you see a crash where a vehicle rolls or is extensively damaged, you should call. If the involved drivers are unconscious or badly hurt, they may be unable to call for an ambulance.

If you do call to report a car accident, you should provide the police with your contact details. This way, the parties involved in the accident or their car accident attorneys can contact you should they have further questions or require a sworn statement for insurance settlement purposes.

Why Are Car Accident Witness Statements Important?

Car accident witness statements provide a first-hand account of what occurred during a car crash. Usually, when an accident occurs, a witness who was not involved will have a more reliable, unbiased view of what happened. 

Being involved in a major car accident is a traumatic event, and such events can interfere with memory. In some cases, an at-fault driver will try to minimize their involvement or even outright lie when describing the accident to police or insurance companies.

Statements from people who saw the accident but were not involved help police officers determine who is potentially at fault for the accident and what sort of settlement the injured party could receive from the insurance company.

How Do Car Accident Witness Statements Help Car Accident

Victims?

In the event of a car accident, CCTV or dashcam footage can be incredibly valuable when it comes to determining what happened. Unfortunately, not every car crash is caught on camera. 

When there is no video evidence, people who are injured may have to rely upon witnesses in car accidents to ensure they get the compensation they deserve. Witness statements have the potential to help accident victims in a number of different ways.

Providing An Unbiased Account Of What Occurred

Witness statements can help provide an accurate account of what happened during the car accident, which can be crucial when negotiating a settlement. If police or insurers collect multiple witness statements that give similar accounts of what happened, that’s a good sign that the accounts are accurate.

Viewing Things From A Different Perspective

Witnesses often see the entire sequence of events, often including what led up to the crash. Their viewpoint can help provide more accurate observations and details vital for proving fault. 

Improving The Likelihood Of Faster And Fair Settlements

Insurance companies are more likely to settle faster when victims have witness statements supporting their case.  

What Information Should A Car Accident Witness Provide In Their Statement?

Most people know that giving a detailed witness statement is important. However, how do you make sure you offer the right information without including unnecessary details? When preparing a statement, you should make sure you include the following information:

• Your name, phone number, and other contact details
• The order in which events took place
• What you saw 
• The direction each vehicle was going
• What happened after the vehicles crashed
• Any injuries and damages you witnessed
• The weather and road conditions
• Where you were when you witnessed the accident
• Whether there were any other witnesses
• Whether anyone involved in the accident said anything relevant

When preparing your witness statement, avoid including your opinions or personal bias. It is important to remain objective and just list the facts. Stick to who, what, when, why, and how. 

It’s easy to get overwhelmed when asked to give a written statement, and you might feel like you don’t know where to begin. It might help to make a list of the events of the accident in the order they occurred. Do not worry if some of the information seems irrelevant. Include it because that small piece of information could be important to the police or when seeking compensation for car crash injuries. 

For example, you might not think it’s important that you notice one car had its blinker on before the crash. However, when police and insurance companies determine fault, knowing whether a turning car signaled properly (or if a vehicle had a turn signal on but did not turn) might turn out to be a critical detail.

What Not To Include In A Car Accident Witness Statement

When preparing and writing a car accident witness statement, there are certain things you should try to leave out of it, including:

Personal Opinions

You may believe one party is at fault. However, it is up to the police, insurance companies, car accident lawyers, and a judge or jury to decide based on the evidence and facts in the case. 

Personal Feelings

It is easy to empathize with anyone injured in a car accident. However, you should set your feelings aside when writing your statement. The fact that an involved driver is severely injured or even killed does not necessarily make them a victim — sometimes, people sustain injuries and are partially or fully at fault. 

Assumptions 

You should avoid making assumptions about anything you did not personally witness or see. Do not guess or anticipate what occurred if you did not see it actually take place. If you do, there’s a risk that the person taking the statement could interpret your conjecture as fact, and that may lead to an inaccurate assignment of fault.

Car Accident Witness Statement Example

To help give you a better idea of what a car accident witness statement looks like, here is an example of a written statement: 

I, Sally Smith (35 years old) of 123 Red Maple Land, Las Vegas, NV, witnessed the following:

I was traveling north on Church Street on July 1, 2024, around 10:30 a.m. The weather was cloudy and overcast but not raining. I was following behind a white Ford Focus heading toward the intersection of Elm Street. I was driving at 35 mph as we approached the intersection. The traffic light started to turn from green to red. As I slowed down, the Ford Focus sped up to beat the light.

The light turned red before they reached the interaction, but they did not stop. They hit a red Chrysler 300 head-on as the Chrysler was making a left-hand turn onto Elm Street. The Chrysler spun around and ended up facing east toward the oncoming traffic lane on Elm Street.

I stopped, along with several other people, to check to see if there were any injuries. Mary Andrews was another witness and called 911 for an ambulance. The airbags had deployed in both vehicles. Both vehicles had extensive front-end damages. Both drivers sustained injuries from the crash. The driver of the Chrysler had blood running down the sides of her face and said she could not feel her fingers in her right hand. The driver of the Ford had a bloody nose, got out of his vehicle, and said he was fine. 

Signed: Sally Smith

Date: July 5, 2024

What If You’re The One Who Needs A Witness Statement?

If you’ve been involved in a car accident, witness statements can be instrumental when it comes to supporting your account of what happened. 

If you are badly injured in an accident, you may not have the ability to talk to witnesses. However, if you are able to, it’s worth trying to connect with witnesses on the scene after you’ve called emergency services. Here’s a look at what to do.

1. Approach Possible Witnesses

The fact that a person is in the area of the accident doesn’t necessarily mean they saw what happened. Some people also may not be willing to give a statement. Before approaching anyone, take a look at who could be a potential witness. In car accident cases, witness statements often come from people like this:

• Other drivers on the scene (but not involved in the accident)
• Passengers in involved vehicles
• Employees of nearby stores
• Anyone walking by

Once you’ve identified possible witnesses, ask them if they saw the accident and if they would be willing to give you a statement. Being polite goes a long way here.

2. Record The Statements

If you have your phone with you, ask if you have the witness’s permission to record their account of what happened. If the witness doesn’t want to be recorded (or if you don’t have your phone), take notes on what they say.

3. Ask For Contact Information

In some cases, you may not have time to obtain a complete statement from each witness. Whether you’re able to record a statement or not, it’s always wise to take down names and contact information. That way, if need be, your attorney can reach out and obtain more complete witness statements.

If you are unable to obtain witness statements or get contact information at the scene, don’t worry. Many people are too injured to collect these statements. 

However, when you work with a car accident attorney, your legal team will be able to thoroughly investigate the incident. This usually includes tracking down witnesses and collecting statements.

Get Help Obtaining Witness Statements After Your Car Accident in Las Vegas

When you are injured in a car accident and need help building a solid claim against the responsible party, you need an experienced law firm to advocate for you — and you can count on Adam S. Kutner, Injury Attorneys, to do just that. 

Our Las Vegas car accident attorneys know that building a strong case depends on gathering the right evidence, including witness statements. We’ll also negotiate with the insurance company for you, and if we can’t reach a settlement that’s acceptable to you, we’re fully prepared to take your case all the way to the courtroom. 

Let us help you obtain the compensation you deserve while you focus on healing and recovery.