How Does a Lawyer Collect Evidence For a Pedestrian Accident Case?
January 11, 2023 Posted In Pedestrian Accident
Although drivers are typically to blame in pedestrian accident cases, it still takes considerable evidence to recover fair compensation. To ensure you receive the compensation you deserve, a Riverside Pedestrian Accident Attorney will build your case by thoroughly investigating your accident and collecting critical evidence in the following ways.
Obtaining Physical Evidence
A pedestrian accident lawyer will spend considerable time ensuring all physical evidence is collected that is needed to support your case. For instance, they may:
- Send trained investigators to the accident scene to take photos, collect available evidence, examine the vehicle, and more, to determine the cause and fault.
- Review and use any photos you took of the scene and your injuries.
- Search for available surveillance footage of the accident and traffic camera recordings.
- Obtain a copy of the police report, which insurance companies often use in their decision on fault.
- Collect black box data if the vehicle that hit you had one. Black boxes can provide valuable data on the vehicle and the events leading up to a collision, such as speed, braking, and steering.
- Ensure you receive proper medical care and follow-up treatment to avoid gaps in your care.
- Obtain copies of medical records that link your injuries to the pedestrian accident.
- Hire a medical expert to testify on the severity of your injuries, the prognosis, and the long-term impact;
- Obtain copies of pay stubs, tax returns, and other proof of lost income.
- Subpoena the at-fault party’s cell phone records if necessary to prove they were distracted.
This is not an exhaustive list, and your attorney will begin building your case as soon as you hire them since physical evidence can quickly disappear.
Interview Witnesses
Witness statements can carry a lot of weight in an insurance company’s decision on fault. For example, suppose the driver is claiming you were to blame because you darted into traffic. In that situation, if anyone witnessed your accident, your attorney will seek them out to get their statement which can prove your side of the story. Witnesses can offer an objective point of view since they have nothing at stake.
Hire Experts
If the insurance company refuses to settle for fair compensation, you and your attorney may decide to file a lawsuit. In that case, your pedestrian accident lawyer has the resources to hire expert witnesses to testify in support of your claim. Some examples include:
- Accident Reconstruction Expert: With the help of computer programs and models, an expert in accident reconstruction can analyze the collision to determine the cause.
- Economic Expert: They can explain how your injuries impact you financially now and how they will in the future.
- Vocational Expert: If your injuries limit your ability to work or force you into a different line of work, a vocational expert may testify about the difference in types of work you could do before the accident compared to now.
- Psychologist: A psychologist can give testimony about your emotional state. For instance, if you are suffering from any psychological conditions (e.g., depression, anxiety, PTSD, etc.) caused by the accident.
Holding another party responsible for a pedestrian accident can be complex if liability is disputed. A Riverside Pedestrian Accident Attorney can handle every aspect of your claim for you and ensure you recover the compensation you need and deserve.