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Proving Driver Negligence in Pedestrian Accident Cases: Key Evidence

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Establishing Fault: Driver Negligence in Pedestrian Accidents

Driver Negligence

Pedestrian accidents can result in serious injuries and even death. If you are a pedestrian who has been struck by a vehicle, you may be able to file a personal injury lawsuit against the driver. However, you will need strong evidence to prove the driver was negligent and therefore liable for your damages. Here are some of the key types of evidence that can help prove driver negligence in pedestrian accident cases.

Abogados de Lesiones Personales
Car Accident Lawyer
One of the most important pieces of evidence is the official police report from the accident scene. The police report will contain key details about how the accident occurred, including the time, location, weather and road conditions. It will also have statements from witnesses and the drivers involved. The police officer likely made a determination of fault in the report. If the officer determined the driver violated traffic laws or drove recklessly, this finding can support your negligence claim.
Statements from eyewitnesses who saw the accident happen can provide critical evidence showing the driver’s negligence. Witness accounts of the vehicle speeding, running a red light, crossing into the pedestrian walkway or otherwise operating dangerously can help substantiate your claim. Photos or videos captured by witnesses can also document negligent driving behaviors. Make sure to get contact information for all witnesses at the scene. Statements from passengers in the vehicle can also shed light on the circumstances leading up to the crash.
More intersections and public areas now have traffic cameras monitoring vehicles and pedestrians. If available, traffic camera footage can give an unbiased view of how the accident happened. The footage may capture the vehicle speeding, the pedestrian properly using a crosswalk, or other behaviors that provide evidence of negligence. Work with your attorney to immediately obtain and preserve any traffic camera recordings before they are erased or written over.
Many police officers have dash cams in their patrol vehicles and/or body cameras on their uniforms. This footage is extremely helpful in pedestrian accident claims. The video and audio recordings document the scene, statements made by the drivers and witnesses, and even conversations between the officers that may indicate negligence findings. Work quickly to secure any police dash and body cam evidence.
An accident reconstructionist studies the physical evidence from the accident scene in order to piece together how the crash occurred and determine the probable causes. Evidence analyzed may include skid marks, the extent of vehicle and pedestrian damage, positions of rest, and more. The expert accident reconstructionist will produce a comprehensive report with their conclusions on how the accident happened and what factors contributed to it. Their conclusions can be critical for establishing negligence.
Your medical records are important for both proving liability and damages. Records of your injuries, diagnoses, treatments, prognosis and expenses help quantify your compensable damages. More importantly, some injuries can help establish negligence. Certain trauma patterns, the location of impact on your body, and the types of injuries sustained can indicate the driver’s speed, failure to brake, failure to yield the right of way, or other negligent actions. Make sure your attorney obtains your complete medical file.
Evidence of damage to the vehicle can also shed light on what happened. Photos and repair estimates detailing the area of impact, extent of damage, and repair costs can provide clues on the vehicle’s speed and angles of impact. Damage pattern analysis can determine if the vehicle braked prior to impact. Mechanical inspections and EDR download reports may reveal equipment defects or negligent operation. All vehicle damage evidence should be photographed and preserved.
Any statements made by the driver admitting fault, speeding, distraction or other negligent behaviors can help establish liability. Written or recorded statements provided to the police, insurers or others should be obtained. Social media posts, texts and emails may also contain admissions of fault. Your attorney can also depose the driver and question them about their driving, condition and other relevant factors. Inconsistencies in their statements can undermine their defense. There are many potential sources of evidence for demonstrating driver negligence in a pedestrian accident claim. Working promptly with an experienced personal injury attorney from the Sasooness Group ensures that all relevant evidence is secured and properly presented to prove your claim and obtain your full compensation. We understand what facts and documentation are needed to build a strong negligence case.

By gathering and preparing compelling evidence of negligence, you can successfully hold the driver accountable. Get in touch with us today if you’ve been injured as a pedestrian. You can visit our offices at the following locations:

  • 21777 Ventura Boulevard Suite 263, Woodland Hills, CA 91364
  • 15000 7th Street Suite 201, Victorville, CA 92395
  • 8889 West Olympic Boulevard, 3rd Floor, Beverly Hills, CA 90211 Call us today for a free consultation on (888) 922-8399.
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