How a crash witness can become an everyday hero

By Brian Morrissey

Few things are more traumatic for a cyclist or pedestrian than being in a crash. The ramifications—from the initial shock of impact and the chaos of the scene to the legal complexities—can last for months, even years.

The cornerstone to resolving a crash is good documentation—which often means good information provided by helpful witnesses. It’s not uncommon for witnesses to share crucial evidence in resolving crashes that involve bicycles, pedestrians and cars.

Amid the frequently chaotic scene immediately following a crash, the victim may not be able to get any information from potential witnesses, said James Freeman, a local personal injury lawyer who focuses on cases involving bicyclists and pedestrians. “Take it upon yourself to transmit your contact information to the victim, or get theirs instead,” said Freeman. In serious crashes involving injuries, he said a witness may need to pass along his or her contact information to the police.

If you’re a potential witness who is wary of getting involved because you’re in a hurry to get to work or think that your input may not be useful, Freeman asks that you turn the tables: “If that was you being loaded into an ambulance, unable to move, wouldn’t you want to make sure your version is heard?”

According to John Falk, a Wilmette Police officer, the independence of witnesses is paramount in resolving crashes. Falk prefers that multiple witnesses to a crash are separated so that their accounts remain uninfluenced by one another. “Once they get to talking,” Falk said, “the different stories can mix together and soon the concrete viewpoints are gone.”

Line-of-sight evidence is integral to the overall forensic picture the police assemble at the scene, said Falk. “A good witness will have made a mental note of exactly where they were standing when the incident occurred, before offering any assistance,” he said.

Falk stressed the need for witnesses to stay neutral and be patient with the information-gathering process. The police have very defined roles in the crash-response process—obtaining evidence and information—that are separate from that of EMT.

He advises witnesses to stay calm and wait for the police to come to them for a report. Conversely, if you witness a crash and absolutely cannot wait, you should share your contact information so that you can make a statement at a later time.

“Oftentimes, we prefer to interview them [witnesses] a day or so after the crash,” said Falk. “The adrenaline is gone, their head has cleared, and we find their accounts are much more thoughtful and accurate.”

Brian Morrissey is the commuter challenge coordinator for the Active Transportation Alliance.