Ranked as one of the most dangerous states to drive in, traveling in South Carolina comes with known risks. Given the number of fatalities and injuries due to collisions, at one time or another, you may be asked to testify if you witness an accident. While it is understandable to be hesitant to provide a statement, doing so can support the plaintiff’s case and allow them to get the compensation necessary to pay for their medical expenses.

While concealing your identity may seem harmless, it does come with certain ramifications. By retaining anonymity, the insurance company may question your integrity, not helping the plaintiff’s case. In this blog, the Greenville car accident attorneys at Fulton & Barr Attorneys at Law discuss the further impact of remaining anonymous as a car accident and other factors that may affect your credibility.

Reasons to Retain Anonymity

Under South Carolina’s Rules of Evidence, it is not feasible to remain anonymous while providing court testimony or during a deposition. While remaining anonymous may be done to protect your own interests (in some situations, in an attempt to preserve personal connections in the future), it can have damaging effects. In other situations, a witness may choose to retain anonymity in fear of the defendant retaliating later on. No matter your reason, choosing to retain anonymity can result in your testimony not carrying the gravitas necessary to support the plaintiff’s case. In short, if you want to corroborate the plaintiff’s version of events, you need to reveal your identity.

At Fulton & Barr, our Greenville car accident attorneys actively work to protect our clients’ interests. We will take the time needed to prepare you for the witness stand, addressing any of your concerns and posing potential questions that could be presented by the defendant’s attorney. If there is any improper questioning at a deposition, we will request that opposing counsel rephrase their question. While we are dedicated to bringing the truth to light, we do not believe that should come at the expense of your safety or comfort.

What Other Factors Impact Witness Credibility?

As previously mentioned, by retaining anonymity, a witness will cause a claims adjuster to question their credibility. Other factors that can affect credibility often include:

Evidence of Physical Impairments

If there is evidence that you have trouble seeing or hearing, your testimony may not be given the same credence as someone without any sensory impairments.

Consistency of Your Statement

If your story changes slightly each time you recount the incident, a judge or jury will likely not place weight on your statement. Under South Carolina Rules of Evidence Rule 613(b), evidence from an outside source that points to an inconsistency in a witness’s statement can only be used if the witness is given the context of the prior statement. Once the context is given, the witness will be provided an opportunity to admit or deny their prior statement (known as witness impeachment).

Your Attention Level During the Incident

If you did not view the entire event or were more afraid for your own safety than watching the accident closely, your testimony will not be given the same weight as other witnesses. This will hold true, especially if other witnesses can provide details that you missed.

Your Degree of Partiality

If you were the passenger or witness who is related to the injured party, your statement will not be given the same value as an impartial eyewitness.

Greenville Car Accident Lawyers Protecting Your Interests

If you are in the right place at the right time, you may find yourself witness to a car accident. While you may have had a front-row seat to the incident, providing a statement can be intimidating. In some cases, a witness may feel uneasy revealing their identity, choosing to remain anonymous.

If you have recently witnessed a crash, our Greenville car accident lawyers would like to hear from you. Let us walk you through the process to help ease your nerves and build your confidence. To schedule your free consultation, contact us online or by phone at (864) 778-3092 today.