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

UPDATED: Jun 18, 2009

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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

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?

Asked on June 18, 2009 under Personal Injury, Alaska


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

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.

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