Many pedestrian accident victims are unable to document their injuries at the scene due to their severity. However, if you are able, taking photos, gathering witness statements, and other relevant details can help preserve crucial evidence for a pedestrian accident claim.
A Los Angeles pedestrian accident attorney at Salamati Law knows a fair settlement amount for your type of injuries and prognosis and will fight for your right to recover compensation for your losses and damages. While most pedestrian accident claims are settled, we will take your case to trial if the insurance company fails to agree to a reasonable settlement.
Photos and Videos
If you are physically able, taking photos and videos at the scene can provide valuable evidence for a pedestrian accident claim. Thoroughly document the accident scene from multiple angles, including any skid marks, debris, or visible damage. Photographs or videos of your injuries can also help demonstrate the extent of your harm. If you are unable to take photos yourself, ask a companion or witness to assist.
Medical Records
Obtaining immediate medical care after a pedestrian accident is important for both your health and the documentation of your injuries. Medical records serve as key evidence in demonstrating the nature, severity, and cause of your condition. If treatment involves surgeries, extended physical therapy, or long-term care, those details help establish the impact of the injuries on your ability to work and perform daily activities.
It’s also important to follow your physician’s treatment plan closely, including attending all recommended appointments and therapy sessions. Gaps in treatment or missed appointments may be cited by insurers as evidence that your injuries are less severe than claimed, potentially affecting the outcome of your case.
The Importance of Eyewitness Statements in Documenting Your Injuries
Eyewitness accounts can play a vital role in corroborating how your injuries occurred, particularly if fault is contested. These statements help establish the sequence of events and support your account of the impact and its immediate aftermath. If you are able, try to collect the names and contact details of anyone who witnessed the incident.
Preserve Clothing and Footwear
Clothing and footwear worn at the time of a pedestrian accident may serve as crucial physical evidence. Do not wash or discard these items, as they may show damage, blood, or other markings relevant to your claim. Store them in clean paper bags to allow airflow and prevent deterioration. Keep them in a dry, secure location until your attorney can review them.
Keep a Pain Journal
As you recover from your injury, maintain a journal. Record your pain levels each morning, afternoon, and evening, noting any activities or movements that intensify or alleviate the discomfort. This journal offers a detailed account of how the injury affects your daily life, particularly in terms of pain, mobility, and physical limitations.
It helps substantiate claims for pain and suffering, loss of enjoyment of life, and long-term effects in settlement negotiations or court.
Why Calling the Police Matters
Immediately after a pedestrian accident, it is essential to call 911 or have someone do so on your behalf. The police report generated at the scene serves as a foundational piece of evidence in documenting your injuries and how the accident occurred. This report typically includes initial observations, statements from the involved parties and witnesses, and details about the scene, information that can support your version of events and help establish liability.
Inform the officer of any pain or visible injuries, no matter how minor they may seem at the time. These early records can be critical if symptoms worsen later.
Get the Driver’s Contact and Insurance Information
Obtain the driver’s identifying and insurance information, either directly or with the help of a companion or witness. This should include the driver’s full name, address, phone number, driver’s license information, vehicle make and license plate number, and the name and policy number of their insurance carrier. If your injuries prevent you from gathering this information, law enforcement will typically collect it as part of their investigation and include it in the official police report.
How a Los Angeles Pedestrian Accident Lawyer Can Help
If you’ve been seriously injured in a pedestrian accident, it is crucial to consult a qualified attorney as soon as possible. While California generally allows two years from the date of the incident to file a personal injury lawsuit, critical evidence may become unavailable. For example, surveillance footage from nearby businesses or traffic cameras is often deleted within days or weeks.
By retaining legal counsel promptly, an investigation can begin while key evidence is still accessible. In addition to securing surveillance footage, an attorney may also request the driver’s cell phone records. If distracted driving, such as texting or calling, played a role in the collision, those records can help establish liability and strengthen your claim.
Contact a Los Angeles Pedestrian Accident Attorney
If you were seriously injured after being hit by a vehicle, you need the services of an experienced pedestrian accident lawyer at Salamati Law. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fee unless you receive compensation.
