Understanding how to prove liability is critical to securing fair compensation when injured in a pedestrian accident. It can be a life-altering experience, but today’s blog discusses everything you need to do to build a strong case and prove the driver’s negligence so you can approach your claim armed with knowledge.
What To Do Immediately After An Accident
It is vital to take immediate action after an accident to protect yourself. There are several essential steps to ensure you’re prepared for filing a personal injury claim. If you are severely injured, go to the hospital immediately and ask a friend or family member to take care of the other steps on your behalf. If you can, you must do the following:
- Alert law enforcement. Call the police and inform them that there has been an accident. Explain the circumstances of the incident. Unless seriously injured, it is advisable to remain at the scene until police arrive.
- Collect evidence. First, gather photos, witness information, and driver details. Take pictures of the accident scene, the vehicle’s location, the damage to the car, road markings, traffic signals, road conditions, and all injuries.
- Get a copy of the police report. When the police arrive, they will compile a report of all the relevant details, including statements from all parties involved and their observations of the scene. This report is imperative evidence.
- Don’t throw anything away. Keep all the physical evidence, including clothes, damaged personal property, and debris. These items can serve as evidence that will support your claim.
- Take notes. Write down everything you remember, including the weather, the sequence of events, the driver’s behavior, and anything notable about the incident.
- Get a medical evaluation. Even if you don’t end up in the hospital, it is still necessary to seek medical attention. You may be in shock, which can reduce your awareness of pain, and a doctor’s evaluation will also be used as evidence in your claim.
Building a Case
Hiring a Lawyer
Receiving compensation in a pedestrian accident case depends on the strength of your claim, which relies on solid evidence proving the validity of your version of events and the liability of the driver. Hiring a lawyer isn’t legally required, but with so many variables and legal subtleties, having an experienced personal injury lawyer on your side increases your chances of a successful claim.
Your attorney will understand the pivotal elements of a claim and have the resources to obtain the evidence needed. Many cases can be settled out of court, and your lawyer will handle all these negotiations to secure fair compensation that adequately covers your damages. If a settlement isn’t possible, your lawyer will also be responsible for taking your case to trial and fighting to protect your interests.
Evidence
Evidence plays a crucial role in proving the liability of the driver. If you are seriously injured, it can be impossible to collect the required proof, which is another reason hiring a lawyer can benefit you. To prove liability, you will need the results of a thorough investigation, witness reports, expert testimonies, surveillance footage, traffic signal data, and cell phone records if the driver was talking on his phone or texting.
Evidence that can play a role in the outcome of your case includes:
- Photos of your injuries taken after the accident
- Pictures of the vehicle, specifically the area that struck you
- Skid marks on the road indicating a sudden stop
- Windshield damage can show that a pedestrian was hit head-on
- Damage to surrounding infrastructure like bent road signs or damaged curbs
- Weather conditions indicating dangers like wet roads or obstructed vision
- The severity of injuries is tied to the speed of the car and can indicate reckless driving
The police report, as mentioned, is an essential part of a claim and can include the following information:
- Names and descriptions of everyone involved
- Weather at the time of the accident
- The condition of the road
- Descriptions of the damage caused to infrastructure, the car, and the pedestrian’s injuries
- Witness information and statements
- The officer’s initial thoughts about the accident and their perception of the events
- Diagrams of the scene and incident
Witness statements can support your claim and come in three forms:
- Informal statements made at the scene of the accident to the victim or police officers, clarifying initial details
- Testimonies made in court, where lawyers can ask questions to verify specific details
- Depositions are legally binding statements made in front of lawyers
Determining Liability
Understanding Liability
Typically, a driver will be considered responsible for any injuries a pedestrian incurs in an accident if the pedestrian has followed all road rules, including crossing only at marked crosswalks. However, the pedestrian’s liability can be disputed if they were jaywalking when the accident occurred or if they were intoxicated. The driver and pedestrian can also share liability if both parties were negligent.
Demonstrating Negligence
To show that a driver’s negligence led to a pedestrian’s injury, they must prove that the driver acted recklessly by speeding, running red lights, ignoring street signs and road markings, driving under the influence, or driving while distracted. You must also show that the injuries caused by the driver led to damages, including medical expenses, mental anguish, inability to work, or disability.
Factors influencing negligence include traffic rules, pedestrian behavior, environmental factors such as lack of signage, and eyewitness accounts. If the driver’s negligence is proven, you may be entitled to the following damages:
- Medical expenses such as ambulance, surgery, hospital, and rehabilitation costs
- Lost wages, including salaries, bonuses, commissions, and benefits lost due to injury
- Property damage, such as phones and laptops
- Pain and suffering, including depression, PTSD, anxiety, and expenses related to treating mental anguish
- Punitive damages are intended to punish a driver who acted with wanton misconduct or intentional malice
Your Path to Justice in Pedestrian Accidents
Proving liability after a pedestrian accident requires several complex steps, which can be simplified with the help of a personal injury attorney. You don’t have to face the legal process alone, and working with a professional makes building a solid case and securing compensation easier. Each accident is unique, so if you find yourself in this situation, don’t hesitate to seek guidance to ensure your needs are prioritized.
