Pedestrian accidents often result in devastating injuries or even fatalities. After a pedestrian accident caused by a driver, you need a lawyer to prove their negligence.
When your lawyer gathers the proper evidence and builds a strong case, you can increase your chances of receiving the compensation you deserve.
To win a pedestrian accident claim or lawsuit, you must prove negligence—that the driver did something unreasonable under the circumstances, causing you or a loved one to suffer an injury. Once you prove negligence, you may recover financial compensation for your injury, and the driver must pay you for the harm they caused.
If you file a claim with the responsible driver’s insurance company, it will assess any evidence you present to determine whether to accept liability in your case. The insurance company will require proof that its driver was negligent before making you a settlement offer.
The same goes when you try your case in court. A jury or judge must first determine whether the defendant driver was negligent before considering how much to award you in damages.
You must hire a pedestrian accident lawyer as soon as you can, even if you are currently dealing with physical injuries. The legal process does not necessarily take a break to wait for you to recover. Evidence can disappear, and the statute of limitations will continue to run.
Although things are challenging while you recover from your injuries, you should still contact a pedestrian accident attorney right after the accident. They will talk with you during a free initial consultation, often coming to you to make it as easy as possible.
You will not have to do much else other than hire an attorney and speak with them throughout your case. Further, you will not have to pay a pedestrian accident lawyer anything unless you win your case by receiving a settlement or jury award.
Common Pedestrian Accident Injuries
A pedestrian accident victim may suffer one or more of the following injuries in the crash:
- Fractures or broken bones
- Cuts and lacerations
- Internal injuries
- Spinal cord injuries
- Organ damage
- Traumatic brain injuries
- Head and neck injuries
- Soft tissue injuries
Pedestrian accident injuries, on average, are more severe than those that people suffer in other motor vehicle accidents. The pedestrian has nothing to protect them from the car's force, and the impact may throw them a long distance in the air to the ground. Alternatively, the collision may cause them to go through the vehicle's windshield.
Either way, there is very little chance that a pedestrian will emerge from an accident completely unscathed. Chances are that they have suffered a severe injury or did not survive, meaning that the value of the legal case is substantial.
You Must Prove Negligence, But It Is Not Always Easy
Thus, you must prove negligence in your pedestrian accident case because it is the only way to qualify for financial compensation.
Insurance companies will not always accept that their driver injured you, given the amount of money they may need to pay for your injuries. If you do not have evidence of the driver’s negligence, you may come away empty-handed without compensation for your injuries.
You Need Physical Evidence to Help Meet Your Burden of Proof
Mere allegations that the driver in the accident did something wrong are not enough to prove that they were negligent. These allegations need support from some form of evidence that demonstrates what you are saying is true.
The insurance company will not write you a check, nor will the jury award you any money, unless you can meet your burden of proof. In a personal injury case, your burden of proof is demonstrating your case by a preponderance of the evidence.
The standard of proof that you must meet in a pedestrian accident case is lower than the one that the prosecutor must meet in a criminal case.
In the latter, they need to prove the defendant’s guilt beyond a reasonable doubt. This standard is equivalent to 100 percent certainty, such that a reasonable mind cannot reach any conclusion other than guilt.
In a civil case, you must prove that the facts you have alleged are more likely than not to be true, which means that you get over the bar of 50/50. Even though this is a lower standard of proof, you still need evidence to help you meet it and win your case.
You Must Affirmatively Prove Your Case to Get Paid for Your Injuries
You must compile the necessary proof to qualify for financial compensation in a pedestrian accident case.
Unfortunately, it is tough for a pedestrian accident victim to do anything at the scene, such as collecting evidence, because they have suffered an injury and are likely receiving medical attention. The same thing goes after the accident because a pedestrian accident victim will likely lack the capacity to do much work on their case.
Even if an accident victim can do some investigatory work, they may not know what evidence will prove the case to the insurance company's satisfaction. That’s another reason to hire a pedestrian accident lawyer.
You Need to Hire a Pedestrian Accident Attorney as Soon as You Can
A pedestrian accident attorney can enter the picture and help your case during this challenging time. They have the capacity and knowledge to perform a complete investigation after you have hired them for your case.
Pedestrian accident attorneys have experience in investigating accidents and building cases, and they can bring their skills to the table for you.
You need to hire a pedestrian accident attorney as soon as possible because they have limited time to conduct an adequate investigation.
Usually, the most compelling evidence is available to you in the days after the accident, but it can disappear quickly. Waiting too long to hire a pedestrian accident lawyer can make collecting the proof you need to win your case more difficult.
A Pedestrian Accident Lawyer Will Use Various Sources of Evidence to Prove Your Case
Your pedestrian accident lawyer may use several sources of evidence to prove your case. The most effective way to demonstrate liability is through the testimony of third-party witnesses who saw the accident.
When you have an objective third-party witness with no financial motivation for the case's outcome, their word can go a long way in helping establish liability.
Your pedestrian accident attorney may contact the witnesses from the police report or those who gave their contact information at the scene. They will do so in the days after the accident when the witnesses’ recollections are fresh and they have the strongest possible memory of what they have seen.
A pedestrian accident attorney will also take pictures at the accident scene in the days after the incident. They can collect physical evidence regarding skid marks on the ground and other debris related to the accident.
Again, you only have a minimal amount of time for a pedestrian accident lawyer to gather this evidence because the authorities will clear it away, or it will lose reliability.
Similarly, a pedestrian accident lawyer can obtain video or traffic camera footage of the accident. Another nearby driver may have captured the accident on their car dashcam.
A traffic camera in an intersection area might have recorded the actual accident or how the motorist was traveling in the time right beforehand. Dashcam footage is admissible in court to prove liability for an accident.
Your pedestrian accident attorney can also use the police report of the incident to persuade an insurance company of its driver’s liability. The police officer may document their conclusions depending on what they saw or heard after arriving at the accident scene.
The police report also helps when you file an insurance claim because the officer has the natural credibility of their position. However, you cannot use the police report as proof if your case goes to trial. The court considers it hearsay because the officer did not actually see the accident.
An Accident Reconstruction Expert Can Help Prove Negligence
Suppose you still struggle to prove negligence in the pedestrian accident in light of the available evidence. In that case, a pedestrian accident lawyer can work with an accident reconstruction expert.
There is a category of expert witnesses who will give their opinions about the cause of the crash. They can use math and physics principles to recreate the accident and argue that the driver was to blame for the accident.
These expert witnesses may use things such as the damage to the car, skid marks at the accident scene, and the location of your physical injuries to reach their own conclusions about liability.
Although this testimony is not as persuasive as direct evidence from someone who saw the crash, it can help corroborate your claim or fill the gaps in your evidence.
The Insurance Company May Blame You for the Pedestrian Accident
You may have to deal with the possibility that the driver’s insurance company is seeing things differently from you. Insurance companies go through your evidence with a fine-tooth comb, and they may claim proof of what happened after they have performed an investigation.
The driver’s insurance company may try to blame you for the accident, and you need to prepare to combat those allegations. Otherwise, you may lose your right to receive compensation for your accident injuries.
Your pedestrian accident attorney must push back if the insurance company is wrongfully accusing you of any fault in connection with the incident.
Your pedestrian accident lawyer may need to find evidence that exonerates you from the allegations. If the insurance company persists in blaming you for the accident, you may need to take the case out of its hands and put it into those of a jury.
When you have an objective group of people reviewing the evidence without any financial motive, you are more likely to get a fair chance to prove your case. Taking your case to trial is the leverage you can use in settlement negotiations with insurance companies because they fear litigation and a tough pedestrian accident lawyer who will hold them accountable.
It Costs You Nothing Out of Pocket to Hire a Pedestrian Accident Attorney
After a pedestrian accident, you may face mounting medical bills, lost earnings, and other financial burdens. During this challenging time, the last thing you need is the added stress of worrying about how you will afford legal representation. That is where a pedestrian accident lawyer can help.
One of the most common misconceptions about hiring a lawyer is that it will cost you a fortune.
However, when it comes to pedestrian accident cases, most lawyers work on a contingency fee basis. This arrangement means that you do not have to pay anything upfront and will only have to pay them if they are successful and recover compensation on your behalf. They will then receive an agreed-on percentage of that settlement or verdict as their fee.
You will not owe your attorney a legal fee if they do not win the case.
A Pedestrian Accident Attorney Can Fight for You
When proving driver negligence in a pedestrian accident case, having a pedestrian accident lawyer by your side can significantly improve your chances of a successful outcome. They will bring their legal experience, compassion, and dedication to your case.
Your attorney will also advocate for your rights and fight for the compensation you deserve, including medical expenses, lost earnings, pain and suffering, and any long-term care or rehabilitation needs.
Contact a skilled and knowledgeable personal injury lawyer who will fight for your rights and ensure fair compensation for your injuries.