Instructions for preparing witness statements - car accidents
These are instructions to help prepare a witness statement. It is important to complete your statement using your own details and based on your own circumstances. If you need more help, get legal advice.
Witness statements should be prepared by people who saw or heard something related to the car accident. If you are asking a person to prepare a witness statement for you, you can print off these instructions and give it to them to help them complete their statement.
Layout and headings
- Use white A4 paper
- Type if possible, or use neat, clear handwriting in black or blue pen
- Use only one side of the paper
- If the matter is already in court, write the case name, court and case number on the top of the page.
Content
It is important that the witness statement:
- states the full name, address and occupation of the witness
- is in short, numbered paragraph
- refers to all the relevant events, people, places and dates in a logical way
- includes details of what the witness saw, heard, said and did
- is written by the witness using their own words.
The witness statement should also include the following:
- date and time that the accident happened
- location of the accident, including street name, suburb/town/locality, nearest cross street or landmark
- colour, make and model of each vehicle involved in the accident, including the number plates
- who was driving each vehicle, if known
- how the accident happened (what the witness saw)
- what the street lighting was like (if the accident happened at night)
- the traffic conditions (lots of traffic, light traffic)
- the speed limit on that road
- the estimated speed the cars were travelling
- what the weather was like (raining, just finished raining, sunny, dark)
- any conversations the witness had with any of the drivers
- anything the witness thinks may have caused the crash
- description of any damage observed
- any other relevant details.
If the statement includes a conversation it should be set out in speech marks as accurately as possible. If the witness cannot remember exactly what was said, they can say "words to the effect of". For example: I walked over to the driver of the silver car and said "Are you okay?". He said words to the effect of "No the green Rav4 just reversed into my car".
Signature and date
A witness should finish their statement with a sentence like: "I believe that the contents of this statement are true and correct".
Finally, the witness should sign and date their statement once they have finished preparing it.