HEALTH

How to Properly Interview Eyewitnesses of an Accident

Published

2 years ago

May 18, 2023

Bobby Jansson

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Eyewitnesses of an Accident

Witnesses often play a crucial role in validating the claimant’s version of the collision when assessing culpability in an automobile accident. However, witness testimony may only be obtained if their contact information is taken at the scene and the relevant questions are asked, typically after the injured party has gotten adequate medical attention and had a chance to calm down. Every accident is unique, and the victim is too damaged in many situations to interview witnesses on the spot. This is why it is critical to engage with a personal injury lawyer. An experienced vehicle accident lawyer understands how to interrogate witnesses to obtain a detailed picture of the events leading up to the accident from their point of view.

This article will examine how to interview accident witnesses properly.

Don’t Ask Multiple Questions at Once

Many investigators ask many questions at once and only receive replies to a subset of them. This can happen when the interviewer is apprehensive or believes the witness does not grasp the question. Reputable law firms, such as Gallagher & Kennedy, know not to make this mistake. An experienced lawyer will make the witness comfortable and make sure that they answer all the questions.

Listen Very Carefully

You must be patient if you want to extract the most out of a witness. Try to restrict the time you talk and instead listen to them. Your objective is to get the witness to the point where they will freely recollect their observations, so allow them to speak. Even if you think the witness is going off on a tangent, try not to interrupt – you could be surprised by what comes up, and you’ll be less likely to offend them. Find a way to demonstrate your curiosity through your face, an open hand, or simple words like “and then?” or “go on.”

Make Your Objectives Clear

You may know precisely why you’re here, but the person you’re about to interview may not. It will have an effect if you present yourself as an “investigator” or state that you are “investigating.” These are scary words, especially for someone who suspects they did something wrong or could have done more to prevent anything from happening. Don’t be shocked if you get inquiries like, “Will I lose my job because of this?” or, “Was it my fault?” You will have a much higher chance of responding favorably if you can foresee them. Don’t make promises you can’t keep, but strive to be truthful with others.

Be Flexible

Investigators may discover that interviews must be conducted with little or no notice, such as when a witness appears at an accident. Similarly, if a witness is far away, they may need to be interviewed over the phone or by email. Adaptability is critical because otherwise, memories fade, and witnesses become less eager. Be prepared to adjust the direction and style of the interview if the witness begins to struggle or discloses the information you did not anticipate. Make sure you’re prepared for unexpected events.

Consider the Witness’ Needs Too

While some witnesses will be eager to speak at length (even about things they haven’t witnessed!), others will find the encounter difficult. If a witness is nervous, they may provide brief responses, so find a way to relax them. They may require reassurance regarding the process or something as simple as a sip of water or a toilet break. They may have questions about the process or what will happen next, so give them a chance to ask them.

Conclusion

You are not required to investigate the entire accident. When you’ve been hurt, the stakes are instantly raised. The insurance company for the other driver will have a team of lawyers working on a defense for their client or attempting to prove you were at fault. A skilled personal injury lawyer can explore all aspects of a case and call expert witnesses to testify on your behalf.