Pedestrian Accident Investigation: A Checklist for Injury Victims

Each year, thousands of pedestrians are injured or killed in traffic accidents, highlighting their vulnerability on the road. According to the National Highway Traffic Safety Administration (NHTSA), over 7,000 pedestrians were killed in traffic crashes in the U.S. in 2022. When such incidents occur, a thorough investigation is crucial to determine the cause, establish liability, and secure fair compensation for the victims. This checklist provides a step-by-step guide for injury victims to navigate the complexities of a pedestrian accident investigation.

Immediate Actions at the Scene

Move to a Safe Location: Ensure your safety by moving away from traffic to prevent further injuries.
Call 911: Report the accident to law enforcement and request medical assistance, even if injuries seem minor.
Seek Medical Attention: Prioritize your health and well-being by seeking immediate medical evaluation and treatment.
Report the Incident: Make sure law enforcement authorities document the scene, gather witness statements, and create an official accident report.

Gathering Information

Obtain Contact Information: Collect the driver’s name, address, phone number, insurance details, and license plate number.
Collect Witness Information: Obtain names, addresses, and phone numbers of any witnesses to the accident.
Witness Statements: Ask witnesses to provide a brief statement about what they saw, which can be crucial for establishing fault.

Documenting the Scene

Take Photos and Videos: Capture the accident scene from various angles, including the position of vehicles, skid marks, debris, traffic signals, and road conditions.
Photograph Injuries: Document any visible injuries sustained in the accident.
Record Details: Note the date, time, and location of the accident, as well as weather conditions and visibility.

Preserving Evidence

Physical Evidence: Preserve any physical evidence related to the accident, such as clothing, personal belongings, and damaged property.
Medical Records: Keep detailed records of all medical treatments, expenses, and other losses incurred due to the accident.
Police Report: Obtain a copy of the police report, which may include witness statements and the officer’s observations.

Understanding Liability

Driver Negligence: Determine if the driver was negligent, such as speeding, distracted driving, impaired driving, or failing to yield the right of way.
Pedestrian Negligence: Assess whether the pedestrian contributed to the accident, such as jaywalking or crossing against traffic signals.
Environmental Factors: Consider if environmental factors, such as poor lighting, inclement weather, or unsafe road infrastructure, played a role.

Legal Considerations

Statute of Limitations: Be aware of the statute of limitations, which sets the maximum time period for filing a lawsuit. In California, the statute of limitations for personal injury claims related to pedestrian accidents is typically two years from the date of the incident.
Comparative Negligence: Understand the concept of comparative negligence, which allows you to recover damages even if you were partially at fault, although your recovery may be reduced by your percentage of fault.
Government Entities: If the accident involves a government entity, such as a city bus or a damaged public sidewalk, there may be shorter deadlines for filing a claim.

Seeking Legal Assistance

Consult with an Attorney: Contact a pedestrian accident attorney as soon as possible to protect your rights and navigate the legal complexities of your case.
Contingency Fee Arrangement: Consider a contingency fee arrangement, where the attorney agrees to accept a fixed percentage of the amount of money finally paid to you.

The Role of a Pedestrian Accident Lawyer

Investigating the Accident: Gathering evidence such as surveillance footage, eyewitness accounts, and expert analyses.
Proving Liability: Establishing negligence through thorough research and case-building.
Negotiating with Insurance Companies: Insurance providers often aim to minimize payouts. A lawyer can ensure you receive a fair settlement.
Litigating if Necessary: If a fair settlement cannot be reached, your lawyer will represent you in court.

Types of Evidence to Collect

Accident Reports: Accident reports filed by law enforcement officers provide valuable information about the accident, including details about the location, time, involved parties, and descriptions of what happened.
Witness Statements: Witnesses can provide valuable testimonies regarding the circumstances of the accident.
Photographs and Videos: Images of the scene, property damage, road conditions, and visible injuries can help corroborate claims.
Medical Records: Documentation of injuries, treatments, diagnoses, and rehabilitation timelines help establish the extent and cause of harm.
Surveillance Footage: Footage from nearby businesses or municipal systems can offer objective evidence of the incident.
Cell Phone Records: These may show whether a driver was distracted at the time of the collision.
Accident Reconstruction Reports: Professionals trained in crash analysis can provide knowledge based on vehicle positions, skid marks, and injury patterns.

Compensation for Pedestrian Accident Victims

Victims of pedestrian accidents may be entitled to various forms of compensation, including:

Medical Expenses: Coverage for hospital bills, surgeries, physical therapy, and future medical needs.
Lost Wages: Compensation for income lost due to injuries and inability to work.
Pain and Suffering: Damages for the physical pain and emotional distress endured.
Property Damage: Reimbursement for damaged personal items, such as glasses or electronics.
Loss of Enjoyment of Life: Compensation for the impact injuries have had on the ability to enjoy activities and hobbies previously practiced.
Long-Term Disability and Rehabilitation Costs: Covering expenses related to ongoing care and support.
Wrongful Death: In the case of a fatality, compensation for funeral expenses, loss of companionship, and loss of financial support.

Remember:

Acting quickly after a pedestrian accident helps protect your rights.
Gathering evidence is critical for establishing liability and securing compensation.
Consulting with an experienced attorney can provide invaluable assistance and guidance throughout the legal process.

By following this checklist, injury victims can take proactive steps to investigate their pedestrian accident, protect their rights, and pursue fair compensation for their injuries and losses.