The importance of witnesses in a personal injury claim is vital. In a situation where the balance of a claim effectively rests on one person’s word against another, witnesses can tip the scales (even if the witness is a camera!). This is particularly important in road traffic accident claims. We recently dealt with a case that summed this up perfectly.
This case involved a scooter rider who was overtaking a stationary bus. There was a car parked just ahead of the bus. As our client passed the bus on his scooter, the driver of the car pulled out into the road without looking. Our client had no time to swerve out of the way and crashed into the driver’s side wheel arch.
This accident led to our client attending hospital and having to use crutches to move about for the next two months. The driver of the car and his solicitors denied liability for the accident until the very end. The driver even said that he wasn’t moving at the time of the accident! As the bus driver didn’t see the accident, this would seem to be a case of who was to be believed – our client, or the driver of the car.
Luckily, the bus driver wasn’t the only person in a position to witness the accident. We obtained statements from three different people who saw the incident. The witnesses were a young couple who happened to be walking by and the driver of a car going in the opposite direction. The witnesses confirmed that the road traffic accident was caused by the defendant pulling out of his parked position as our client was passing.
The witness statements in this case were vital in allowing our scooter rider to obtain the compensation that was rightfully his. We’re grateful that they stepped forward to ensure that justice was done.