How to Prove Fault in a Pedestrian Accident Case

Proving fault in a pedestrian accident case is not an easy task, as it requires expert knowledge of traffic regulations, careful documentation, and legal maneuvering. However, it is essential in any case, whether you are a pedestrian seeking justice or a driver defending against a claim. Here are some steps you need to follow if you want to prove fault in a pedestrian accident case and reach a successful conclusion.

Gathering evidence

The first step in gathering evidence is to get a copy of the police report. It provides essential details, testimonies from witnesses, and citations. Gathering contact information from anyone who saw the accident is crucial, as they offer impartial accounts of the accident, which are extremely valuable for your case. Neighboring surveillance cameras, traffic cameras, or home security cameras can also prove to be very helpful visual proof of the accident. Further evidence can include footage and pictures captured at the site, such as the position of the vehicles, skid marks, traffic lights, and crosswalks. You’ll also need medical records to prove how bad the accident has been and how it influenced your physical and mental health. It can also be helpful to retain the services of an accident reconstruction specialist who can give more important details about what happened and whose fault it was. 

Legal considerations

Drivers are legally obligated to operate their cars responsibly, while pedestrians must adhere to traffic regulations to ensure their own safety. As a plaintiff, you need to show that the defendant didn’t respect the regulations and as a result of their negligence, they have put you at risk. Every traffic participant has a duty of care, and if they fail to respect it, it means they have committed a breach of duty. Establishing a connection between the defendant’s breach and the accident is crucial in proving fault. Evidence such as medical records, witness accounts, and police reports will be of great help in this situation. The key to constructing a strong case is to be well-versed in the local traffic laws and regulations, so you will need the assistance of a competent lawyer who can guide you through this process and explain all legal complexities. 

Consulting an attorney

As we have mentioned, you should consult an attorney to explain the complex legal aspects of your case. Doing all these tasks on your own can be quite overwhelming, but if you have someone experienced and knowledgeable by your side, you will better handle everything. If you work with a pedestrian accident lawyer, they will help with collecting evidence, including medical records, witness statements, and police reports, while at the same time making sure your rights and interests are protected. They will also communicate with insurance companies and negotiate settlements on your behalf. If they cannot reach a favorable agreement, they will represent you in court and fight for the best outcome. Also, they will deal with more complex cases, for example, when there is a case in which both parties contributed to the accident to some extent and it is much more complicated to prove who is to blame. When you hire a lawyer after a pedestrian accident, you have someone who knows all the aspects of the legal system and fights for the compensation and justice you deserve. 

Reporting the accident

Calling the police should be your first step after a pedestrian accident, as they will create an official report, which documents essential data like the time, location, and circumstances of the accident. In many cases, proving fault depends on this report, which is an objective and authoritative record of what really happened and whose actions led to the event. When the police arrive, you should give them accurate details of what happened before the accident. Report any visible injuries and circumstances, like traffic signals or road conditions, that may have influenced the whole case. Ask the police officers for a copy of the report to include it in your evidence files. Also, if you notice any witnesses on the site, ask for their personal information and report, as their views can contribute to proving who was at fault. Reporting the accident as soon as possible will help to preserve evidence and witness memories, and provide you with a complete and accurate record to strengthen your claim. 

Documenting the scene

It would be great if you could document as much as possible after you have been involved in the accident. Of course, you will have to first make sure that everyone is fine and then you should start to do something. It would be best if you could video record right away. Take your phone out and start recording as much as you can. Since you know that it is not your fault, you won’t lose anything by recording, but you can only gain. The other person who is at fault will likely talk about how they did it. This can happen either because they are in utter shock or because they are too angry. Either way, it would be great if you could catch them while they are talking about it so that you can guarantee your victory. 

Comparative fault 

You may not know this but there is the possibility that both parties are at fault and that the judge rules similarly. This can happen in some jurisdictions and it is the most fair approach to the problem. It is not rare that in these scenarios, both parties have something to do with what happened. For example, the driver may be at fault for speeding, while the pedestrian may have jaywalked. Of course, the bigger punishment will be on the driver but the pedestrian won’t get out of this without a fine either.

Being aware of the relevant legislation, how to gather evidence, and how to plan your legal strategy will help you construct a solid case and prove fault in a pedestrian accident case. If you follow the steps mentioned in this article, you will be on the right track to reaching a favorable outcome and a maximum amount of compensation that can cover all of your losses.