Over the past thirty years, we have represented many individuals in personal injury cases where no witnesses were present. One of the first questions we are asked at the free consultations we offer is whether it’s possible to prove fault if no one saw it happen. This is because many people believe that without an eyewitness to back up their version of events, pursuing a personal injury claim is pointless, even in cases where negligence may be suspected.
Learn more about our Sacramento Wrongful Death Attorney Services.
Even in tragic wrongful death cases, but certainly in cases of other personal injury, claims can result in successful outcomes despite the fact that the accident occurred without others present. While a lack of witnesses may bring unique challenges, a skilled, experienced attorney can make all the difference.
Here are some suggestions for what to do and what to expect in cases of personal injury with no witnesses:
- Consult with an attorney and file a claim.
When you explain the facts to an attorney who has experience in personal injury claims of this type, you can find out what your options are. Also, don’t wait. The longer you wait, the greater the chance potential evidence could become corrupted or disappear.
- Protect crucial alternative evidence.
In cases without witnesses, alternative types of evidence become extremely important. Here are just a few:
- Physical evidence (e.g., photos taken immediately after the accident) at the scene and any property damage.
- Medical records and documentation of your injuries and treatment.
- Surveillance or security camera footage, if available. An attorney may be helpful in securing this.
- Accident or police reports. Always call the police if you even suspect you are injured or if there is property damage.
- Expert testimony, like accident reconstruction specialists or medical experts, is needed to explain how the injury likely occurred.
- Take notes: Your testimony is key.
The victim’s version of what happened becomes critical if no witnesses exist. Write down precisely what happened as soon as you can; don’t leave anything out, including date and time of day. Be sure to bring these notes to your free consultation with one of our personal injury attorneys. Notes are highly valuable and taken seriously by courts and insurance companies with regard to credibility and accuracy.
- Be prepared for insurance and legal challenges.
Not surprisingly, obstacles exist when it comes down to only one person’s version of events. It is not uncommon for insurance companies to be skeptical.
Insurance companies may attempt to split liability in auto accidents if both parties’ stories conflict and there is no physical evidence or witnesses. In other words, each party pays for their own insured’s damages.
Hypothetical Scenario: Remote Intersection and Wrongful Death Suit
One foggy Tuesday morning in rural California, a 42-year-old man leaves for work at 5:30 a.m., as he does every weekday. He takes his usual route along a remote county road, which eventually intersects with a state highway. The intersection is controlled by a stop sign for county road traffic, while highway traffic has the right of way.
After stopping and looking both ways, the man proceeds through the intersection. Seemingly out of nowhere, his car is T-boned by a commercial delivery truck traveling very fast. The impact is catastrophic, and the driver of the vehicle dies at the scene.
The Investigation Challenges:
- No witnesses
- The truck driver claims the victim’s vehicle did not stop at the sign.
- The police report states “poor visibility due to fog,” but doesn’t assign definitive fault.
Evidence That Emerges After the Victim’s Spouse Hires an Attorney
Thanks to a skilled attorney hired by the victim’s wife, key evidence was uncovered:
- The truck’s electronic logging device (ELD) shows it exceeded the speed limit by almost 30 mph at the moment of impact.
- Maintenance records showed the truck had been flagged for a faulty left headlight. However, there were no records of the repair having been completed. A forensic mechanic hired by the attorney determined that the headlight was not operational when the accident occurred.
Outcome
The plaintiff received a significant settlement after his attorney proved that the truck driver was at fault for the accident due to speed and mechanical issues with the headlight.
If you have been injured or lost a loved one due to someone else’s negligence, call us to discuss the situation. We offer a free, no-risk consultation and will provide clarity and options. If we take your case, you pay nothing upfront and only pay if you win.
Call (916) 438-1819 to schedule your consultation and get the situation behind you.