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How Can Pedestrians Prove They Weren’t at Fault after Being Hit by Vehicles?

When a pedestrian is struck by a vehicle, the aftermath can be physically and emotionally devastating. In addition to immediate injuries, victims often face legal hurdles as they seek to prove they were not at fault. In many cases, societal biases and assumptions about pedestrian behavior can complicate these claims, unfairly placing blame on the victim.

A Green Bay pedestrian accident attorney at Brian Hodgkiss Injury Lawyers can provide practical guidance on asserting your rights as an injured pedestrian and getting a fair settlement for your injuries.

What Challenges Do Pedestrians Face?

Although 131 pedestrians were killed in Wisconsin between 2022 and 2023, they often face challenges when trying to prove a driver was at fault in a crash. For instance, there’s a widespread belief that pedestrians are always at fault if hit outside a marked crosswalk due to jaywalking.  This ignores situations where drivers may be speeding, distracted, or otherwise negligent.

Drivers often receive the benefit of the doubt from juries and insurance adjusters. This bias can skew the perception of events, making it harder for pedestrians to prove their side of the story. Without adequate video footage or eyewitnesses, pedestrians may find it difficult to substantiate their claims.

Proving Your Injuries: Get Immediate Medical Attention

Seeking immediate medical attention after an accident is critical for pedestrians, not only for their health but also for supporting legal claims. The healthcare provider will assess your injuries and provide necessary care, helping you treat visible and hidden injuries, such as internal bleeding.

Your doctor will document the damages, which can link them to the accident. This documentation highlights the nature and severity of your injuries and helps counter any claims that your injuries were unrelated to the incident.

Document Your Injuries and Damages

Document your injuries and damages thoroughly to help build your pedestrian accident case. Take photographs of your injuries as soon as possible and continue to document them as they heal. Keep all medical records, including doctor’s notes, prescriptions, and receipts for any treatment or medication.

Maintaining a daily journal detailing your physical symptoms and emotional state is also beneficial. Note any activities you can’t perform due to your injuries and how they affect your daily life. These documents and detailed notes provide evidence of the accident’s impact, boosting your credibility and strengthening your legal claim.

Gather Strong Evidence to Prove Your Case

You can also support your pedestrian accident claim with strong technical and objective evidence from cameras and witnesses. With the help of your attorney, gather the following for your claim:

  • Eyewitness Testimony: Witnesses can provide crucial accounts that may corroborate your version of events. Their testimonies can help illustrate the scenario from different viewpoints, confirming that you followed traffic signals and used crosswalks correctly.
  • Surveillance Footage: Many intersections and businesses have cameras that may capture the accident on video. This footage can help demonstrate the events leading up to the incident. For instance, if you were walking slowly and carefully in icy conditions but a car was speeding and hit you in an intersection, footage can show that the other party was at fault.
  • Traffic Signal Data: Modern traffic systems often record data that can provide vital details about an accident. This includes the timing of traffic lights and pedestrian walk signals. Obtaining this data can confirm you had the right of way when crossing, helping establish fault.
  • Accident Reconstruction Report: Hiring a professional to create an accident reconstruction report can be instrumental. These experts use the collected evidence, such as vehicle damage, scene photographs, and witness statements, to recreate the accident scenario. Their report can provide a clear, objective analysis of how the accident occurred, helping identify the responsible party.

Protect Your Rights: Consult an Experienced Attorney

After a pedestrian accident, consult an experienced attorney for legal guidance. Look for a lawyer who specializes in personal injury or traffic law. Our team at Brian Hodgkiss Injury Lawyers can protect your interests by gathering crucial evidence such as surveillance footage and eyewitness accounts and negotiating with insurance companies for a fair settlement.

We can also handle all legal filings, ensuring you meet strict deadlines and take your case to court if necessary. Our lawyers can help you get maximum compensation for medical expenses, lost wages, and other damages, guiding you through each step of the process for the best possible resolution.

We Empower Pedestrians in the Legal Aftermath

Pedestrians hit by vehicles often face an uphill battle proving they weren’t at fault. However, with the right approach to gathering evidence and legal support, it is possible to establish the truth and hold negligent drivers accountable.

If you or a loved one were involved in a pedestrian accident, contact our attorneys at Brian Hodgkiss Injury Lawyers today for a free consultation. Our experienced team is ready to help you understand your rights and get the maximum compensation you deserve.

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