Key evidence in a pedestrian accident includes police reports, witness statements, medical records, surveillance or traffic camera footage, photos of the scene, and expert testimony — all of which can help establish fault. It is always wise to seek legal advice after suffering a serious injury due to another party’s negligence.
Trust a Los Angeles pedestrian attorney at Salamati Law to investigate every aspect of your case and gather evidence to hold the defendant accountable. We build strong cases that often settle outside court in the shortest timeframe, although we’re willing to go to bat for you at trial if the other side tries to lowball an offer. Schedule a free consultation today.
How to Prove Fault in a Pedestrian Accident
The streets of Los Angeles are bustling, from Rodeo Drive to Sunset Boulevard, filled with cars, cyclists, and pedestrians sharing busy intersections. In such a fast-paced environment, accidents can happen instantly — and when they do, strong evidence is essential to proving what occurred, and includes:
Medical Records
These records document the extent of your injuries and help establish causality.
Such records may include:
- X-rays, CAT scans, and MRI results
- Doctors’ notes and prognosis
- Treatment plans, surgeries, and follow-up care records
- Prescription medications and rehabilitation documentation
Keep all medical bills and related receipts. For instance, if you must hire transportation to take you to and from medical appointments, including rehab, keep track of these expenses. Record all lost wages due to time off from work due to the accident.
Police Reports
Pedestrian accidents typically require a 911 call. Along with other critical information, a police report will indicate the initial assessment of fault. Details such as weather conditions and other pertinent information are included.
The police officer responding to the scene will interview the driver and any witnesses. If the victim is still conscious, the officer will get a statement about how the incident happened.
In Los Angeles, police reports can typically be requested online through the LAPD’s records portal or in person at a local station, providing an essential record of the officer’s observations and findings.
Eyewitness Testimony
Eyewitnesses can describe the accident and provide valuable observations about the victim’s condition immediately afterward. They may also be able to estimate the vehicle’s speed, whether they witnessed the driver commit any traffic violations, appeared distracted, or if the motorist seemed to be under the influence of alcohol or drugs before or after the collision.
Their neutral perspective can strengthen or corroborate the victim’s version of events, making the case more credible.
Photos and Videos
A companion or passerby can document the aftermath of the accident if the injured pedestrian cannot. Substantive evidence includes images of the vehicle, the driver, injuries, as well as the roadway, signage, skid marks, off-road tire tracks, or scattered debris.
Surveillance footage can be a powerful piece of evidence in proving how a pedestrian accident occurred, but it must be secured quickly. Many businesses only store video for one to three months, and residential systems often overwrite footage within weeks. Acting fast and working with a pedestrian accident lawyer in Los Angeles can make the difference in preserving this critical evidence.
Phone Records
Distracted driving now constitutes one of the most common causes of motor vehicle accidents. Your lawyer can issue a subpoena to the driver’s phone company to determine whether they were texting, talking, or otherwise distracted by their phone when the accident happened.
Expert Testimony
Your attorney may hire experts in various fields to testify on your behalf. For example, using computer modeling, an accident reconstructionist can analyze the sequence of events leading to the collision and help demonstrate driver negligence.
Advanced tools such as drones and 3D mapping can document the positions of the vehicle and pedestrian before and after the collision, as well as the layout of crosswalks, traffic signals, and other roadway features that help show how the accident occurred.
Medical experts can describe your injuries in depth and explain how they were caused by the accident, helping to establish a direct link between the collision and your medical condition. In addition to physical injuries, a psychiatrist may address PTSD or other ongoing emotional issues relevant to the accident.
Clothing and Footwear
Save the clothing and footwear you wore at the time of the accident. Do not wash or repair items. The condition of both can serve as compelling visual evidence of the trauma. The same applies to personal belongings on your person, such as a handbag or backpack.
Personal Testimony
Recounting your memories, subsequent injuries, and pain and suffering is critical to proving your pedestrian accident case. You can testify about how it changed your life and describe how it affects you both physically and mentally. Personal accounts bring your circumstances home to a judge or jury.
Schedule a Free Consultation at Salamati Law
Since 1995, The Salamati Law Firm has successfully taken on some of the most complex, challenging personal injury cases with excellent outcomes. Our veteran lawyers have recovered multi-million dollar settlements and verdicts for our clients.
If you were seriously injured in a pedestrian accident due to a motorist’s negligence, contact an experienced Los Angeles pedestrian accident lawyer at Salamati Law. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no fee unless you receive compensation.
