How Do You Prove Liability for a Pedestrian Accident?

Michael Waks

3 years ago

Somewhere in the United States, a pedestrian is struck and killed by a motor vehicle approximately every 88 minutes. What’s more, someone on foot sustains crash-related injuries that demand medical attention every four minutes.

If you’re recovering from serious injuries because you were one of those pedestrians, you may be entitled to compensation. As long as you were following the rules of the road at the time, there’s a good chance you have grounds for legal action. Before you can pursue a payout, though, you must determine who was to blame, and then you’re going to have to find a way to prove it.

Let’s take a look at the kinds of evidence that most often contribute to pedestrian accident claims when it comes to proving liability:

1. Dash Camera Footage

If the vehicle that struck you was equipped with a dash camera, the footage it captured could prove integral to your case. And even if it wasn’t, there’s a good chance at least some of the cars that were in the vicinity were outfitted with such devices. Since their footage could be overwritten in a matter of weeks, though, it’s imperative to reach out to the owners and request copies as soon as possible.

2. Eyewitness Testimony

Motorists, their passengers, and other pedestrians who were near the scene at the time of the accident may be able to bolster your claim. While their testimony won’t be considered indisputable evidence of fault, it could at least verify your own telling of events, thereby boosting your credibility.

3. The Police Report

If you were not violating the rules of the road when you were struck—in other words, if you weren’t jay walking at the time—the police report should state as much. Depending on the specific details the responding officers observed themselves or obtained from those who were involved, this document may also assign blame to one or more parties.

4. Cell Phone Records

Distracted driving is one of the most common causes of pedestrian accidents. If the motorist who struck you was texting and driving, you’ll likely need to obtain the associated records from their cell phone carrier to convince the insurance adjuster they are liable.

Speak with a Long Beach Pedestrian Accident Lawyer

Your Injuries Are Personal to Me

If you were struck by a motor vehicle while traveling on foot, turn to the Law Office of Michael D. Waks for help holding the liable party accountable. A top-rated trial lawyer, Michael D. Waks knows what it takes to secure six- and seven-figure payouts on behalf of his clients. To set up a free case review with a pedestrian accident attorney in Long Beach, call (562) 206-1939 or complete our Online Contact Form.

Download Our Car Accident Guide

What should you do if you’re involved in a pedestrian accident? Since building a strong personal injury claim starts at the scene, we’ve created a free car accident guide to serve as a reference for all those who find themselves involved in a wreck. Print a copy for your car’s glovebox, and keep another copy on your phone in case you’re ever hurt while walking or riding your bike.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.