Information You Should Ask Witnesses
According to statistics from the Colorado Department of Transportation, there were 95,211 total traffic crashes in 2022. In the state of Colorado, individuals who are involved in an auto accident may be entitled to pursue damages through a claim or lawsuit. However, to establish fault or liability in your injury claims, you may need to provide witness testimonies and statements – among other forms of evidence—to support your case.
At Mark A. Simon, Attorney at Law, we're committed to offering reliable guidance and compassionate representation to clients in their accident cases. Our seasoned Colorado personal injury attorney can investigate every aspect of your case and help gather witnesses' statements and substantial evidence to establish your claims. Also, we will fight vigorously for your rights, seek to hold the negligent party liable, and help you recover your rightful financial justice. Our firm proudly serves clients across Denver, Englewood, Aurora, Commerce City, Centennial, Lakewood, and Thornton, Colorado.
Car Accident Claims in Colorado
Colorado is an at-fault state for auto accidents. Under the state's at-fault system, the driver responsible for the auto collision (the at-fault party) will hold financial and civil liability for injuries, property damages, and other accident-related losses suffered by the victims. In order to seek damages, you may do any of the following:
File a first-party claim with your own insurer.
File a third-party claim against the insurance provider of the at-fault driver.
File a personal injury lawsuit against the at-fault driver in civil court.
Statute of Limitations
Furthermore, the statute of limitations for personal injury cases, including auto accidents, in Colorado is three years after the car accident or injury. Therefore, you must commence a civil action to recover damages within three years from the date the incident happened.
Gathering Information After an Accident
Essentially, the next steps you take—or avoid taking—after an auto crash can have a significant effect on the outcome of your insurance claims or lawsuit. In addition, you must gather significant evidence, documentation, and facts about the incident to prove fault, establish liability, and support your case.
At the scene of the auto accident, you need to exchange relevant information with the other drivers involved, including their names, contact details, insurance information, and vehicle registration. Likewise, you should take photos of your car and the accident scene from various angles before the vehicles are removed.
Additionally, you should gather statements and testimonies from individuals who witnessed the incident. Exchange contact with them so that you can reach out to them later. Also, collect and crosscheck the police report to make sure the details are accurate. Reach out to your insurance provider or the at-fault driver's insurer to file your injury claims and seek damages.
Questions to Ask Accident Witnesses
In most cases, eyewitnesses at the scene of the auto crash have direct information about how the incident occurred, what they saw, or which driver was responsible. When talking to an accident witness, you should ask the following questions:
When did you arrive at the scene of the accident?
What were the weather and road conditions like prior to the accident?
Were you near or away from the scene of the accident? Did you get a clearer view?
Do you know any of the accident victims or drivers?
In your own words, can you give a clear description of how the accident happened, and the things you saw or heard?
Who was the first person to step out of their car?
Did you notice if any of the drivers were texting, distracted, aggressive, eating, or speeding?
Can you describe what the victims or people around them did after the accident?
Can you record your observations and sign a statement?
Do you know of any other accident witnesses who have first-hand or additional information?
Were you alone or with someone when the accident occurred?
Can you make a statement to the law enforcement officers?
Do you have other details about the crash that you would like to share?
In addition, properly document all of the witness statements, testimonies, and findings you gathered. Should the stories change later, you can always refer to the initial information collected.
Additional Information to Gather From Witnesses
Furthermore, you should gather the additional information below:
Accident-Related Knowledge
An eyewitness with extensive knowledge and expertise in auto accidents can be extremely resourceful in your case. The witness can offer more insights, evidence, and details you need. In addition, they can help with the mechanical, legal, and medical aspects of your auto accident case.
Contact Details
Also, collect the names and contact details of all potential witnesses in case you want to follow up with them about the incident. They may know or help you contact other accident witnesses. Likewise, your lawyer can reach out to the eyewitness to gather crucial information about your case.
Information about Accident Victims
Lastly, you can enquire if the eyewitness knows anyone involved in the auto crash. This allows you to evaluate their testimonies and statements to be certain that they are impartial. Also, this will help ensure that you're not working with an eyewitness who has a conflict of interest.
Reach Out for Skilled Representation
Witness statements and testimonies remain an integral aspect of establishing liability in every accident case. At Mark A. Simon, Attorney at Law, we're poised and ready to support and represent clients in their car accident cases. Our attorney can investigate your case thoroughly and gather witness statements and necessary evidence about the incident. In addition, we will fight vigorously for your rights and help you seek fair financial compensation to cover your injuries, damages, and losses.
Contact us at Mark A. Simon, Attorney at Law, today to schedule a simple case assessment with a practiced car accident lawyer. Our skilled attorney can walk you through the complicated procedures involved in filing claims, proving fault, and recovering damages. We proudly serve clients across Denver, Englewood, Aurora, Commerce City, Centennial, Lakewood, and Thornton, Colorado.