A few convincing witnesses can be instrumental in your legal case if you've been in a car accident and are seeking a settlement or damages in court. Your car accident attorney will always want to know who might have been on the scene so that he or she can assess whether these individuals can be suitable witnesses. One witness whom you might not immediately consider is the tow truck operator who arrived to remove your vehicle. Here are some pros and cons of using this professional as a witness.
Pro: Experience At Accident Scenes
People have a tendency to get upset at accident scenes, and this may limit their ability to accurately report what they saw. This isn't apt to be the case for a tow truck operator, however. This person has likely been to dozens if not hundreds of accident scenes, especially if he or she has worked in this industry for a long time. This can help to make what this witness says more convincing for your case.
Con: Not Actually Present At The Impact
A detriment of using a tow truck operator as a witness in your car accident case is that he or she wasn't actually present at the point of impact. While a tow truck driver can be a valuable witness for recounting what took place after his or her arrival — for example, hearing the other driver accept blame for the collision, despite recanting afterwards — he or she can't speak to the circumstances that led up to the accident.
Pro: May Feel An Obligation To Help
Because you've given your business to the towing company, the driver may feel more compelled to help you. During the time in which the driver has talked to you, he or she may feel a soft spot for your situation. For example, perhaps you've explained how you were obeying the traffic laws because you were driving with your two young children when a speeding motorist ran a red light and T-boned you. The driver may be eager to help you get justice.
Con: Potential For Unreliability
Tow truck drivers are busy people, which can mean that tracking your driver down after the fact and getting him or her to write a statement and swear to it can potentially be a challenge. Additionally, if your driver is constantly working — which can often be the case if he or she is an owner-operator — this person may fail to show up for court to testify on your behalf, which could be harmful to your case.
For more information, contact your local auto accident attorney.