Understanding Liability in Personal Injury Contexts
Pedestrian accidents are a tragic reality, often resulting in severe injuries or even fatalities. As personal injury attorneys with decades of experience, we have seen how complicated pedestrian accident cases can be, especially when identifying liability.
Establishing fault is crucial to securing compensation for victims, so it requires a thorough and strategic approach. Liability in pedestrian accidents typically hinges on proving negligence. Negligence occurs when a driver (or other responsible party) fails to exercise reasonable care, leading to an accident.
There are four elements to establishing negligence and liability:
- Duty of care: The driver (or other responsible party) owed a duty of care to the pedestrian.
- Breach of duty: The at-fault party breached that duty through action or inaction.
- Causation: The breach directly caused the accident.
- Damages: The pedestrian suffered actual harm or injury as a result.
Steps to Prove Liability
As previously mentioned, proving liability requires a strategic, detail-oriented approach. Gathering evidence is the cornerstone of this process. When investigating pedestrian cases for our clients, our attorneys collect all relevant information as soon as possible after the accident. Collecting as much evidence as possible is critical; even seemingly small things can strengthen a case by corroborating other vital details, ultimately influencing the outcome of a case.
Types of evidence and documentation collected in pedestrian accident cases:
- Accident scene photos and video: Photographs of the accident scene, including vehicle positions, skid marks, traffic signals, and road conditions, can provide a visual account of what happened.
- Surveillance footage: Nearby businesses or traffic cameras may have captured the accident. This footage can offer an unbiased perspective of the events leading up to the incident.
- Police reports: Law enforcement officers who respond to the scene will document the accident in a police report, often including details about the conditions, involved parties, and potential witnesses.
- Information from other drivers and witnesses: Collecting statements and contact information from other drivers involved in the accident and bystanders and witnesses can provide crucial insights and corroborate the pedestrian's account of the incident.
- Medical records: Documenting the pedestrian's injuries is essential. Medical records, including treatment details and bills, can illustrate the severity of injuries and their impact on the victim's life, supporting claims for damages.
Witness Statements
Eyewitnesses can play a critical role in establishing liability. Their statements can corroborate the victim’s account and provide additional insights into the driver’s actions. When obtaining witness statements, our attorneys strive to act quickly. Memories can fade over time, so we like to record as much information as possible as soon as possible. We ask witnesses to provide a detailed account, including their perspective of the accident and what they saw, heard, and observed before, during, and after the incident.
Expert Testimony
Though not always used, our attorneys sometimes bring expert witnesses to help prove liability in a pedestrian accident case. Expert witnesses can offer reliable, specialized knowledge that strengthens a case.
The types of experts commonly involved include:
- Accident reconstruction specialists: These experts analyze evidence from the accident scene to recreate the events leading up to the collision. Their testimony can help clarify how the accident occurred and who was at fault.
- Medical experts: Medical professionals can testify about the extent and cause of the pedestrian’s injuries, linking them directly to the accident. They can also discuss the long-term impact of the injuries on the victim’s life.
- Traffic safety experts: These experts can provide insights into traffic laws, road safety, and driver behavior, helping to establish whether the driver breached their duty of care.
Look for an Attorney with the Resources to Help You
These are just a few aspects of proving liability in pedestrian cases. If you or a loved one was injured in a pedestrian accident, you are encouraged to seek legal representation from a seasoned attorney you feel confident in.
Tips for finding the right personal injury attorney for you:
- Research credentials and experience
- Don't neglect to schedule an initial consultation
- Ask about their approach
- Inquire about fees and costs
- Check availability and support
Law Offices of Jason K.S. Porter, P.A. is a well-established law firm bringing accident victims informed, compassionate legal representation. With over 100 years of combined experience, our law firm benefits from the resources and wealth of knowledge that only comes from deep experience.
Contact us online to schedule a consultation with one of our personal injury attorneys. We are ready to help you.