What If I Am a Witness in a Pedestrian Accident?
A pedestrian accident occurs when a person on foot is struck by a motor vehicle driver. Most typically, pedestrian accidents are caused by a motorist backing up, turning, or being distracted and not seeing the pedestrian.
As a witness to a pedestrian accident, your credibility will have a direct bearing on the strength of your testimony. If your testimony remains consistent and if you had a clear vantage point, your testimony will carry more weight to support the plaintiff’s case.
If you have recently witnessed a pedestrian accident, you may be afraid to come forward. The Harrisburg pedestrian accident attorneys at Cunningham, Chernicoff & Warshawsky, P.C., understand the burden of providing testimony and are available to help you feel confident on the witness stand.
The Role of a Witness in a Pedestrian Accident Case
Pennsylvania requires drivers to report accidents if anyone dies or has injuries requiring medical attention, or a vehicle is damaged to the point it is undrivable. If you witness a pedestrian accident, stay at the scene of the accident so that you can provide a statement to the police. Providing your statement will help an accident victim recover the compensation he or she deserves.
Factors that Determine a Witness’s Credibility in a Pedestrian Accident
A witness’s credibility refers to the trustworthiness of that individual’s statements. Credibility in a pedestrian accident will involve several factors, including:
Vantage Point
Evidence that suggests a witness had a clear view of the accident scene will increase that person’s credibility. An eyewitness who saw the vehicle and pedestrian prior to the accident will likely provide more convincing testimony than a person who only looked after hearing the screeching of a car’s brakes.
Additionally, an eyewitness that was in closer proximity to the crash will have greater credibility than a person who was further away.
Physical Impairments
The reliability of a witness who has an eye prescription but was not wearing their glasses or contact lenses at the time of the accident will most certainly raise a red flag. Any visual, auditory, or other physical impairments of a witness can undermine that person’s credibility.
Lighting and Environmental Factors
If there was dim lighting, sun glare, rain, or any other factors creating visibility issues, this could cause a jury to become skeptical of the reliability of a witness’s statement.
Relationship to Parties Involved
If the eyewitness is related to or has any sort of relationship with any of the parties involved, this can threaten that person’s integrity. It is difficult for a person to remain objective when he or she takes a personal interest in a case outcome.
Reputation and Character Evidence
According to Pa. R.E. 608, evidence attacking or supporting a witness’s testimony is only permitted after a witness’s credibility has been called into question. Known as impeaching the witness, this may occur if you provide inconsistent testimony between the deposition and trial.
The Role of a Pedestrian Accident Attorney
If anyone involved in the accident took down your name and contact information, do not be surprised if you receive a call from their attorney. Although you do not need to hire counsel, the plaintiff may request that you testify on his or her behalf. A pedestrian accident attorney will prepare you for the questions you may be asked at a deposition (in which you will provide an oral statement under oath) and in court.
Whereas direct examination involves being questioned by the plaintiff’s attorney, in which you can share what you know about the accident, cross-examination is when you are questioned by opposing counsel. During cross-examination, the defendant’s attorney will attempt to raise doubts in the jury’s minds regarding your testimony. An experienced Harrisburg pedestrian attorney can come up with sample questions that opposing counsel may ask you, along with suggestions on how you should respond.
Contact a Harrisburg Pedestrian Accident Attorney Today
At Cunningham, Chernicoff & Warshawsky, P.C., we help individuals feel confident when testifying at trial, allowing them to be an asset to an accident victim’s case. If you recently witnessed a pedestrian accident, now is the time to speak with our legal team. To schedule your consultation, contact us online or by phone today.