Being involved in a pedestrian accident can be a traumatic and life-altering experience. If you find yourself in this unfortunate situation, it is important to gather as much evidence as possible to strengthen your claim and ensure you receive the compensation you deserve. Key pieces of evidence that can strengthen your case include eyewitness statements, photographs or videos of the accident scene, medical records detailing your injuries, and any police reports filed at the scene of the accident. Additionally, documentation of any missed work or loss of income due to the accident can also support your claim for damages.
Remember, it is important to act quickly and gather this evidence while it is still fresh to maximize your chances of a successful claim. If you or a loved one has suffered an injury in a pedestrian accident, contact an Edmonton pedestrian accident lawyer near you to ensure that your rights are protected.
Most Common Ways that Negligent Drivers Cause Pedestrian Accidents
Pedestrian accidents can have devastating consequences and often result from the negligence of drivers. By identifying the specific factors that contributed to your accident, your lawyer can build a strong case on your behalf. Here are some common ways that negligent drivers cause pedestrian collisions:
Distracted Driving
Distracted driving is a leading cause of pedestrian accidents. When drivers are texting, talking on the phone, or even eating, their attention is diverted from the road. This lack of focus can result in accidents where pedestrians are seriously injured. If your accident resulted from a distracted driver, it is vital to have evidence such as witness statements, phone records, or even dashcam footage to strengthen your claim.
Speeding
Excessive speed is another common factor in pedestrian accidents. When drivers exceed the speed limit, they have less time to react to unexpected situations. This can make it difficult for them to stop in time to avoid colliding with a pedestrian. Evidence such as surveillance footage, police reports, or eyewitness testimony can establish that the driver was speeding at the time of the accident.
Failure to Yield
Drivers have a responsibility to yield the right-of-way to pedestrians. However, many accidents occur when drivers fail to do so. This may happen at crosswalks, intersections, or when pedestrians are crossing in marked areas. If you were involved in an accident where the driver failed to yield, gathering evidence such as traffic camera footage, witness statements, or even photographs of the accident scene can be key in strengthening your claim.
Drunk or Impaired Driving
Driving under the influence of alcohol or drugs is not only illegal, but it is also extremely dangerous. Impaired drivers often have slower reaction times, impaired judgment, and decreased coordination, making it more likely for them to cause pedestrian accidents. If a drunk or impaired driver caused your accident, obtaining police reports, breathalyzer results, or witness statements can help support your claim.
Disobeying Traffic Laws
Negligent drivers often disregard traffic laws, putting pedestrians at risk. This may include running red lights or stop signs, making illegal turns, or failing to signal properly. Gathering evidence such as traffic camera footage, witness statements, or photographs of the accident scene can be vital in proving that the driver violated traffic laws and caused your pedestrian accident.
Most Common Injuries in Pedestrian Collisions
Being involved in a pedestrian collision can be a traumatic experience, both physically and emotionally. Pedestrians are vulnerable and unprotected, which makes them more susceptible to severe injuries compared to individuals in vehicles.
One of the most common injuries in pedestrian collisions is head injuries. When a vehicle strikes a pedestrian, their head is at high risk of hitting the ground or other objects with significant force. This can result in concussions, traumatic brain injuries, or skull fractures. Even if there are no visible signs of injury, it is essential to seek medical attention to rule out any internal damage.
Fractured bones are another frequent consequence of pedestrian accidents. The force of a collision can cause severe fractures in the legs, arms, hips, or pelvis. These injuries often require surgical intervention and an extended period of recovery and rehabilitation.
Spinal cord injuries are also common in pedestrian accidents. The force of the impact can lead to fractures, herniated discs, or even paralysis. These injuries can have lifelong consequences, significantly affecting the victim’s mobility, independence, and overall quality of life.
In addition to these common injuries, pedestrians may also suffer from soft tissue damage, such as sprains, strains, and contusions. Soft tissue injuries may seem less severe initially but can still cause significant pain and discomfort. They may also require physical therapy and ongoing medical treatment.
If you have been involved in a pedestrian collision, it is important to seek ongoing medical attention. In the meantime, a knowledgeable pedestrian accident lawyer can guide you through the legal process and gather the necessary evidence to strengthen your claim.
Necessary Evidence in Pedestrian Accident Claims and Lawsuits
To prove your pedestrian accident claim or lawsuit, your lawyer can introduce various types of evidence.
First, eyewitness statements can be vital in establishing what happened during a pedestrian accident. Whether it’s a passerby, another driver, or a nearby resident, gathering statements from individuals who witnessed the accident can provide valuable insight into the sequence of events and establish liability. These statements can be obtained by speaking directly to witnesses or by following up with them afterward. It is important to keep their contact information, including their name and phone number, so they can be contacted later for further details or to testify in court, if necessary.
When gathering eyewitness statements, your lawyer can ask about their perspective on how the accident occurred, the behavior of the parties involved, and any other relevant information they may have observed. The more detailed and consistent their statements are, the stronger they will be as evidence to support your claim.
Visual evidence in the form of photographs or videos can also strengthen your pedestrian accident claim significantly. These pieces of evidence provide a visual representation of the accident scene, the positions of the vehicles involved, the condition of the road, and any other factors that may have contributed to the accident. They can also capture details that may be overlooked or forgotten over time.
When gathering photographs or videos of the accident scene, your lawyer will focus on capturing key elements, such as roadway skid marks, traffic signs, traffic signals, road conditions, and any visible injuries or damages. Your lawyer will gather this evidence as soon as possible after your accident, as the scene may change and important evidence may be lost or destroyed.
It is also essential to document the date and time when the photographs or videos were taken, as well as the location. This information will establish the continuity and authenticity of the evidence.
Comprehensive medical records also play a vital role in a pedestrian accident claim or lawsuit. They provide documented evidence of your injuries, the treatment you received, and the effects on your physical and emotional well-being. These records can include hospital records, doctor’s notes, diagnostic tests, radiology reports, and any other medical documentation related to your injuries.
To strengthen your claim, it’s important to seek ongoing medical attention after the collision. Some injuries may not be immediately apparent, and delaying medical treatment can weaken your claim. It is also essential to follow your healthcare provider’s recommendations for treatment and attend all scheduled appointments.
Medical records can not only demonstrate the extent of your injuries but also establish a causal link between the accident and your injuries. They can also provide insight into your future prognosis and potential effects on your ability to work or engage in everyday activities.
Obtaining a police report is another important step in strengthening your pedestrian accident claim. When law enforcement arrives at the accident scene, they will typically prepare an official report that details the facts surrounding the accident. This report may include information such as the date, time, and location of the accident, the parties involved, statements from witnesses, and any citations or charges issued to an at-fault driver (such as for impaired driving).
To obtain a copy of the police report, your lawyer will contact the law enforcement agency that responded to the accident or consult the local records department. This report can serve as an unbiased account of the accident and can play a significant role in establishing liability. Your lawyer will review the report thoroughly for any inaccuracies or missing information.
Moreover, if you have suffered injuries in a pedestrian accident, you may be entitled to compensation for any missed work time or loss of income. To support your claim for damages, it is important to document the days and hours you missed as a result of your injuries. Gathering documents such as pay stubs, tax returns, and statements from your employer can provide evidence of your income and establish the financial effect of the accident on your ability to work.
An experienced pedestrian accident lawyer will efficiently gather all of the evidence necessary to prove your claim or lawsuit. Your lawyer can then submit this evidence to the at-fault driver’s insurance company – or in court if your case goes to trial.
Types of Recoverable Damages in Pedestrian Accident Claims and Lawsuits
When you’re involved in a pedestrian accident, the physical and emotional effects can be overwhelming. It’s important to navigate the legal process with confidence and understand the different types of recoverable damages that can strengthen your claim. By working with an experienced pedestrian accident lawyer, you ensure that you receive fair compensation for all of your injuries and losses.
One common type of recoverable damage is lost income. If your injuries prevent you from working, you may be entitled to compensation for the income you have lost as a result. This includes not only the income you would have earned during your recovery period but also any potential future earnings that you may be unable to pursue due to ongoing disabilities. Your lawyer will work with you to calculate the appropriate amount of compensation for your lost income.
Pain and suffering is another type of recoverable damage that you may be entitled to receive in a pedestrian accident claim. This refers to the physical and emotional pain you have endured as a direct result of the accident and your injuries. While it can be challenging to put a dollar value on pain and suffering, an experienced lawyer will use their knowledge and experience to advocate for the compensation you deserve.
In addition, depending on the circumstances, you may be eligible to recover punitive damages in your pedestrian accident case. These damages are intended to punish the at-fault driver for particularly egregious or reckless activity, such as drunk driving, and serve as a deterrent to others.
When pursuing damages, it’s important to consult with a skilled lawyer who can assess the unique circumstances of your situation and aggressively fight for your rights. By working with an experienced lawyer who has knowledge of local pedestrian accident laws, you can have peace of mind and the confidence to focus on your recovery.
Call an Experienced Pedestrian Accident Lawyer Right Away
If you or a loved one has suffered an injury in a recent pedestrian accident, it is important to contact a reputable Edmonton personal injury lawyer in your area as soon as possible. Consultations are free and an experienced lawyer is standing by to help. They can guide you through the claims process, gather the necessary evidence to strengthen your case, and ensure your rights are protected.
Contacting a pedestrian accident lawyer allows you to focus on your recovery while they handle the legal aspects of your claim. They can negotiate with insurance companies on your behalf, aggressively advocate for fair compensation, and, if necessary, represent you in court. Your lawyer will do everything they can to maximize the compensation you recover – either through a favorable settlement offer from the negligent driver’s insurer or a favorable result in court.
