Can Witnesses Help in My Auto Accident Case?


Although liability may be clear in some auto accident cases, unfortunately the personal injury attorneys at Berg Injury Lawyers know that is not always the case. Sometimes auto accidents become the proverbial “he said, she said” type of case. This means that victims who are injured in an auto accident often are left having to fight to recover the compensation that they need for their medical bills, lost wages, and pain and suffering.

As a result, this requires victims to have to prove their case with evidence. Although we typically think of evidence as tire tracks or crunch damage on a vehicle, one of the most important pieces of evidence that can help in an auto accident is actually witness testimony.

Yes, witness testimony is considered evidence. It can come in the form of an affidavit, or a sworn written statement, or in the form of oral testimony, such as at a deposition or at trial. Oftentimes witness testimony is actually the most powerful form of evidence, as it usually comes from a neutral, third-party observer.

Indeed, witness testimony can help a victim’s auto accident case in many ways, including:

First, explaining who had the right of way, such as a red light versus a green light, or who did not yield or who turned into the other driver’s lane.

 Second, witnesses (who) can share their opinion of the traffic and road conditions, including if it was slippery or wet requiring drivers to slow down, if traffic was heavy, or if there were roadway defects like potholes that drivers should have slowed down for – but the defendant did not.

Third, witnesses can also testify as to what they saw or heard immediately after an auto accident. That includes a victim’s personal injuries or something called an “excited utterance,” such as a statement from either party that occurred spontaneously and right after an accident, like when a defendant says “I’m sorry I didn’t see you there.”

Finally, witnesses can also help create a persuasive narrative for jurors and the judge, helping them understand what happened just before, at the time of impact, and immediately after.

To learn more about how our experienced personal injury attorneys in northern California at Berg Injury Lawyers can help you, contact us today by dialing 866-928-4640 for a FREE consultation. Or reach out to us through our website at