One of the most crucial aspects of any type of car accident is to determine who was at fault for the accident. In a pedestrian-automobile accident, authorities must look at the actions of both the driver and the pedestrian leading up to the collision to determine fault. The driver is often presumed to be at fault but this is not always the case. It may be determined that the pedestrian was at fault for disobeying the rules of the road or that both parties held some degree of responsibility for the accident.
Eye witness accounts and statements from the parties involved can have the most significant impact on determining liability. However, these statements can sometimes contradict each other, especially when neither party agrees on who was at fault. An experienced pedestrian accident attorney can help you navigate difficult litigation to support your claim if you were injured in a pedestrian accident.
Being able to provide clear and compelling evidence to strengthen your injury claim can also help insurance companies or jurors determine fault. Evidence gathering should start immediately after the accident if you are physically well enough to do so. Maintaining detailed records throughout the claims process will help you win a more appropriate settlement for the damages you have suffered.
Evidence that can help support an injury claim after a pedestrian accident includes:
- Photos and videos of the scene of the accident
- Copies of a police report, witness statements, and accounts from each party involved
- Contact and insurance information from any party involved in the accident
- Contact information for any witnesses and first responders
- Detailed records for medical evaluations, treatment, bills, and recommended future treatments
- Records of any property damage
- Records of any other therapies or treatments you may need