Pedestrian Accident Injury Claims: What Evidence Do You Need?

Every year, thousands of pedestrians are injured or killed in traffic accidents. In 2019 alone, California reported over 14,000 pedestrian injuries and nearly 900 fatalities. If you’ve been involved in a pedestrian accident, understanding the claims process and the evidence you need is crucial to securing fair compensation.

What to Do Immediately After a Pedestrian Accident

Ensure Safety: Move to a safe location away from traffic if you can do so without further injury.
Check for Injuries: Assess yourself and others for injuries and call 911 immediately to report the accident. Request medical assistance, even if injuries seem minor, as some injuries may not be immediately apparent.
Gather Information: Collect the driver’s name, contact information, insurance details, and license plate number. Also, get contact information from any witnesses.
Document the Scene: If possible, take photos and videos of the accident scene, vehicle damage, your injuries, and any relevant conditions like weather or road obstructions.
Report the Incident: File a police report, as it provides an unbiased account of the accident and can be critical for determining fault.
Seek Medical Treatment: Get a thorough medical evaluation and follow your doctor’s recommendations. Keep detailed records of all medical visits, treatments, and expenses.
Contact a Pedestrian Accident Lawyer: An experienced attorney can help you navigate the legal process, protect your rights, and maximize your compensation.

Why Evidence Matters in a Pedestrian Accident Claim

In a pedestrian accident claim, the injured pedestrian must prove that the driver was at fault in order to receive compensation. This usually involves establishing that the driver was negligent. Examples of driver negligence include:

Speeding
Distracted driving
Driving under the influence of drugs or alcohol
Disregarding traffic laws
Running a red light or stop sign
Failing to yield the right-of-way to pedestrians in crosswalks

To prove negligence, you’ll need to gather and present compelling evidence. Strong evidence not only helps establish liability but also supports the extent of your damages, including medical costs and lost wages.

Key Evidence for a Pedestrian Accident Claim

Police Report: The police report provides an official account of the crash, including statements from those involved and any citations issued. It can contain helpful information, such as statements of the driver and witnesses, details on how the crash occurred, the officer’s conclusions about who was at fault, and any traffic citations issued. While the report is not admissible in court, the officer could testify at a jury trial. You can also use the police report to convince the insurance company of their liability to pay you compensation for your injuries.
Witness Statements: Bystanders who saw the crash happen can offer neutral accounts that back up your claim. Their accounts may help corroborate the sequence of events and identify who was at fault. Having witness contact information and statements regarding details like how the incident occurred, vehicle speeds, traffic signal status, and driver behaviors observed both before and after the collision can greatly benefit your case.
Photographic and Video Evidence: Images of the scene, property damage, road conditions, and visible injuries can help corroborate claims. Photos taken of the accident site immediately after a pedestrian crash can provide visual evidence to support your case. Documenting the scene through photographs is one of the most important things you can do.
Traffic and Surveillance Camera Footage: In many areas, intersections are monitored by traffic or security cameras. Video evidence provides an objective record that can be invaluable when witness memories fade or accounts differ. It can help reconstruct the moments before, during, and after the incident with clarity that words alone can’t match.
Medical Records and Bills: Your complete medical records provide essential evidence to substantiate the full nature and extent of injuries suffered in the pedestrian accident. It is essential to gather all documentation from every doctor, clinic, hospital, or other healthcare provider that assessed or treated you following the incident.
Lost Wage Documentation: Documentation of lost wages, including pay stubs, tax returns, and employer statements, is crucial for recovering compensation for lost income.
Personal Testimony: Your own detailed account of the accident, including the events leading up to the collision, the impact itself, and the immediate aftermath, is valuable evidence.
Your Clothes: Save your clothes in the same condition they were in at the time of your accident. They can be compelling evidence if your case is decided at a jury trial.

Proving Negligence

To recover damages in a pedestrian injury claim, you must prove the driver was negligent. That means showing:

The driver owed you a duty of care.
They breached that duty through reckless or careless actions.
That breach caused the accident.
You suffered damages as a result.

Common Pedestrian Accident Injuries

Pedestrian accidents often result in severe injuries due to the lack of protection. Some of the most common injuries include:

Head Injuries: These can range from minor concussions to traumatic brain injuries (TBI), which can have long-lasting effects on cognitive and physical abilities.
Spinal Cord Injuries: These injuries can cause partial or complete paralysis, significantly impacting a victim’s quality of life.
Broken Bones and Fractures: Pedestrian accidents often lead to broken bones, particularly in the legs, arms, and ribs.
Internal Injuries: Internal bleeding, organ damage, and ruptured blood vessels are some of the potential internal injuries that can occur in pedestrian accidents.
Soft Tissue Injuries: Sprains, strains, and contusions are common soft tissue injuries in pedestrian accidents.
Cuts, Lacerations, and Abrasions: While they may seem less severe, cuts and bruises can also be a common result of pedestrian accidents.

Compensation for Pedestrian Accident Injuries

If you’ve been injured in a pedestrian accident due to someone else’s negligence, you may be entitled to compensation for:

Medical expenses (past and future)
Lost wages
Pain and suffering
Emotional distress
Rehabilitation costs
Reduced earning capacity

The average settlement for a pedestrian hit by a car can range from $10,000 to $500,000. However, since every pedestrian accident is different, not all settlements fall within this range. For example, a pedestrian accident victim who sustained only minor injuries may recover less than $10,000.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In many states, the statute of limitations for personal injury claims, including pedestrian accident claims, is generally two years from the date of the accident. However, there may be special circumstances that allow for a later filing date that increases how long you have to file a pedestrian accident lawsuit. For example, if you are a minor at the time of injury, the two years may be extended until your 18th birthday.

How a Pedestrian Accident Lawyer Can Help

Investigate the Accident: A lawyer can conduct a thorough investigation of the accident scene, gather evidence, and interview witnesses.
Determine Liability: A lawyer can help establish who was at fault for the accident and build a strong case against the negligent party.
Negotiate with Insurance Companies: Insurance companies often try to minimize payouts, but a lawyer can negotiate on your behalf to ensure you receive fair compensation.
File a Lawsuit: If a fair settlement cannot be reached, a lawyer can file a lawsuit and represent you in court.
Maximize Your Compensation: A lawyer can help you identify all the damages you are entitled to and fight for the maximum compensation possible.

Choosing the Right Pedestrian Accident Lawyer

Look for Specialization: Choose an attorney who specializes in personal injury law and has experience with pedestrian accident cases.
Check Their Track Record: Look for a history of successful settlements and verdicts in similar cases.
Read Client Reviews: Testimonials and reviews can provide insight into the attorney’s reputation and client satisfaction.
Schedule Consultations: Use a free consultation to discuss your case and assess the lawyer’s fit.
Assess Communication Skills: Choose a lawyer who listens, explains legal concepts clearly, and responds promptly.

Don’t Wait, Take Action Now

If you’ve been injured in a pedestrian accident, it’s essential to take action as soon as possible to protect your rights and pursue the compensation you deserve. Contact a qualified pedestrian accident lawyer today for a free consultation.