Accidents can shake you and leave you unsure of where to go next. Medical attention is the priority, but gathering witness information is equally important. Witnesses fill in the pieces of the picture of what happened.
Get Medical Care First
Anything else should come second to your health. Statutes under AS 28.35.080 require that Alaska report and address injuries resulting from accidents. Whatever the injury, even if you feel fine, concussions and other injuries can take hours or days to show up.
A quick medical evaluation will keep you healthy and help prove your case. Alaska Rule of Evidence 803(4) permits the use of medical records as evidence in legal proceedings. Speak with your Alaska personal injury attorney to help with gathering medical evidence.
Why Find Witnesses?
Witnesses strengthen your case. AS 09.17.080, which makes Alaska a comparative negligence state, means that your compensation can be reduced if you’re partly to blame. Unbiased witness accounts can help clarify liability and add to your claim while countering unfair blame. In addition, witness testimonies are considered a crucial piece of evidence by Alaska courts when determining fault in litigation or settlement.
Where to Find Independent Witnesses?
Independent witnesses are people who are present at the scene of the accident but who are not involved in it. If there are no bystanders, employees at nearby businesses, or drivers who stopped to help, look for them. If the accident occurred in a rural area of Alaska, with its unique geography, witnesses may include hikers, fishermen, or outdoor enthusiasts. Other witnesses might include surveillance cameras from local businesses or traffic intersections, and they will have video evidence.
How to Find Witnesses?
Start by speaking to people on the scene of the accident. Request that they please ask if they saw or heard anything. Ask for the police report if law enforcement shows up, as officers often write down witness names and statements. AS 28.35.110 requires drivers to provide information and report accidents with injuries, typically including witness accounts.
When to Find Witnesses?
Quickly, witnesses’ memories fade, so approach them as soon as you are sure of your safety. If the witnesses leave the scene, this step can be delayed, and you could lose critical testimony. AS 09.10.070 states that the statute of limitations for personal injury cases in Alaska is two years, but start collecting evidence (including witness accounts) before you file your claim.
What Witnesses Info To Get?
Get the witness’s full name, contact information, and a full report of what they saw. Get them to be more specific, such as the timing, weather and positions of the vehicles involved. Accurate documentation of a witness’s account is crucial because Alaska Rule of Evidence 602 makes witnesses testify based on personal knowledge.
If possible, have your car accident attorney get their permission to take a written or recorded statement.
Schedule a Consultation
Alaska’s legal landscape after an accident can be confusing. An experienced personal injury attorney knows how to gather, preserve and present witness testimony. They can also help you if you dispute fault or insurance coverage. Anchorage’s leading attorneys know how to handle evidence, and how to present witness accounts properly under the Alaska Rules of Evidence.
Witness testimonies can either make or break your accident claim in Alaska. First, deal with medical questions, then gather witness information quickly. Speak to a lawyer to be sure your rights are respected and justice is done.
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