What Is Witness Credibility in a Car Crash Claim and Why Does it Matter? 

Having a witness to your car crash could benefit your legal claim, especially if you and the other party involved have very different accounts about what happened. But what if the insurance company or at-fault party’s lawyer says the witness is not credible? What does that even mean? If someone saw what happened and can testify what they saw, does anything else matter? Unfortunately, the answer is yes, as we will explain further in this blog. 

At Cooney & Conway, advocating for injured victims is what we do every day. In fact, it’s something we’ve been doing for decades – and, as you can see from our case results, we’re good at it. We’re good at it, because we are deeply committed to the pursuit of justice and securing a favorable outcome for our clients.

When you need legal help for a personal injury in Chicago, call our trusted law firm. We offer a free initial consultation, and when we represent you, there are no upfront fees or out-of-pocket costs to pay. We only get paid if you do. 

What Exactly Is a Witness in a Car Accident? 

A car crash witness is someone who personally saw your part or all of your crash occur, has video footage or images, or has other useful information about what happened. The individual might have seen events leading up to your crash, the accident itself, or the initial moments after the crash, depending on where they were located. 

Why Are Credible Witnesses Important to Your Car Crash Claim? 

A credible witness can play a key role in your car accident claim for many reasons. To start with, their testimony is considered impartial, which carries a lot of weight with the insurance company, judge, and jury – if that individual is credible. 

A witness may help provide key details that you and the other driver did not notice because you were focused on surviving the crash. These details can be critical – especially if you and the other driver involved have extremely different accounts of how the crash occurred.  

Critical witness details that could support your case include seeing the other driver: 

• Using their cellphone moments before the crash 

• Speeding excessively and losing control of their vehicle 

• Recklessly darting in and out of traffic lanes 

• Running through a red light or ignoring a stop sign 

• Failing to stop at a designated crossing area 

• And more 

Are There Different Types of Car Accident Witnesses? 

There are three general types of witnesses in car crash claims, and they all play a different role. 

Passengers Riding in the Car (First Party Witness)

A passenger in your car might be a friend, family member, or, if you are a rideshare driver, a passenger. Typically, these “first party witnesses” are considered to have a vested interest in the outcome of your claim. For the insurance company, judge and jury, this likely means their statement – while relevant – likely won’t carry much weight. 

Random People Who Observed the Crash (Third Party Witness)

These individuals could be cyclists, pedestrians, or another driver sharing the road. A witness may or may not have seen the entire crash unfold. But they may have seen events leading up to the crash, such as one driver following another vehicle too closely. A credible witness might be another driver who happened to capture part of the collision on their dash cam.  

From an insurance company’s perspective, the statements of these third-party witnesses who will not receive anything if you win your case, carry considerable weight. But only if they are deemed credible. 

Expert Witnesses 

An expert witness is not someone who witnessed the crash at all. Expert witnesses are professionals who have special skills, knowledge, and training in a specific area. A medical doctor, car accident reconstructionist, or financial expert who can provide testimony that strengthens aspects of your case. 

How Do I Know If a Witness is Credible? 

The attorney managing your case can vet your witnesses to see which ones may have accurate information and who are also credible.

There are several factors that can impact a person’s credibility. This matters for your claim, because if a witness is not credible, the insurance company will pick apart their testimony and use it to reduce or deny your claim. 

Witnesses with these characteristics would likely be considered not credible: 

• Criminal background – even if it is “minor” 

• History of being dishonest or “fudging the truth” 

• Impaired at the time of the crash 

• Inconsistent statements 

• Confused mental state 

Who May Be a Good Witness After My Chicago Car Accident?

The best witnesses are those who have no connection to you or the other driver. Think about it – their testimony carries more weight because they have nothing to gain from the outcome of your case.

Good witnesses often include:

• Other drivers who were stopped at a nearby traffic light or traveling in the same direction. They had a clear view and understand traffic patterns.
• Store employees or business owners working near the crash scene. Security cameras from their businesses might have also captured valuable footage.
• Delivery drivers or mail carriers who regularly work in the area. They know the traffic patterns and may have noticed dangerous driving behaviors.
• Public service workers like construction crews or utility workers. They’re trained to be observant about their surroundings for safety reasons.

These witnesses tend to be credible because they were simply going about their day when they witnessed your crash. Their unbiased account can make or break your claim.

Is a Passenger Considered a Good Witness?

Yes and no. A passenger in your vehicle can provide valuable testimony about what happened during the crash. They experienced the impact firsthand and can describe details you might have missed.

However, insurance companies often view passenger testimony with some skepticism. Why? Because passengers typically have a relationship with the driver – whether it’s a spouse, friend, or family member. The insurance company may argue this relationship creates bias.

That doesn’t mean passenger testimony is worthless. It still matters, especially when combined with other evidence. A passenger can confirm important details like:

• Whether you were following traffic laws
• If the other driver was driving aggressively
• Your immediate injuries after the crash
• What was said at the scene

Their testimony becomes even stronger when it aligns with physical evidence or statements from neutral witnesses.

What If I Did Not Find Any Witnesses to My Car Crash in Chicago?

Don’t panic. While witness testimony helps, it’s not the only way to prove your case. Many successful car accident claims move forward without eyewitnesses.

Your attorney can build a strong case using other evidence:

• Police reports provide an official record of the crash. Officers document the scene, interview drivers, and often determine fault.
• Traffic cameras and surveillance footage from nearby businesses or intersections can capture the crash. Your attorney knows how to obtain this footage before it’s deleted.
• Physical evidence tells its own story. Skid marks, vehicle damage patterns, and debris fields help accident reconstruction experts determine what happened.
• Your medical records prove your injuries resulted from the crash. They create a clear timeline linking the accident to your pain and suffering.
• Cell phone records can prove the other driver was texting or talking when they should have been watching the road.

An experienced attorney knows how to gather and present this evidence effectively. They’ve handled cases without witnesses before and know what it takes to win.

Need Legal Help for a Car Crash Claim? Call Cooney & Conway Today

Dealing with a car accident claim can feel overwhelming, especially when you’re recovering from injuries. and trying to navigate the legal process on your own. But this isn’t something you should have to do, and when we represent you – you don’t. We want you focusing on healing and getting back to your life.

At Cooney & Conway, we have witnessed firsthand the devastation injured victims experience after a car crash. We’ve helped many Chicago residents get the compensation these victims deserve – with or without witnesses. Our experienced legal team knows how to build strong cases using every piece of available evidence.

Don’t let concerns about witness credibility or lack of witnesses stop you from pursuing the compensation you deserve. Every case is different, and we know how to adapt our strategy to get results.

Take the first step toward justice today. Call Cooney & Conway for your free consultation. There are no upfront fees to pay, ad we will review your case, explain your legal options, and show you how we can help – all at no cost to you.

You don’t pay unless we win your case. That’s our promise to you.