I was hit by a car on my post office bike while working. There was a witness who gave a statement; the driver was charged and accepted the charge but 2
Question Details:
years later denies it and claims to have a witness who claims the driver never hit me. I am claiming loss of earnings as I have been unable to work for 2 years after the accident. No surgery was required. If it goes to court, would their witness be as reputable having not stayed at the accident to give a statement at the time and having been issued and accepted charges, would the courts overturn that against myself?
Of course a witness who was at the scene, stayed at the scene, and gave a statement regarding the facts would be more reputable than one who did not. It sounds like the driver who hit you got worried and found himself a "new" witness. If the police came to the scene and took a statement from the original witness, that is the one a jury would likely believe should the matter go to court. I hope both the workers' comp insurance carrier for your employer as well as the police took a statement from the guy who hit you so that is recorded. I don't think you'll have a problem here. You do know that if you are planning to sue the driver, the statute of limitations on personal injury cases in your state is 3 years from the date of the accident. Make sure you have a good personal injury attorney to handle your case.
