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

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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

Answers:

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

Answered 12 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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