Pedestrian accidents can leave victims with severe injuries and overwhelming medical bills. When you’re walking down the street, crossing at a crosswalk, or standing on the sidewalk, you expect drivers to follow traffic laws. Unfortunately, not everyone does. If you’ve been injured in a pedestrian accident, proving fault is a critical step toward securing compensation.
At Diehl Law, LLC, we help clients in Southwestern Ohio seek justice after a pedestrian accident. Here, we’ll break down the legal process, from collecting evidence at the scene to working with expert witnesses, so you can understand exactly what it takes to build a strong claim. To discuss the details of your case, contact our firm today.
The Basics of Proving Fault in a Pedestrian Accident Case
Before you can pursue compensation, you must establish who was at fault for the accident. In legal terms, “fault” means that someone acted negligently or recklessly, and that conduct directly caused your injuries. Proving fault is essential because it determines who is legally responsible for paying damages and how much compensation you may recover.
In pedestrian accident cases, fault typically lies with the driver of a motor vehicle, but there are exceptions. Sometimes, other parties, such as another pedestrian, a bicyclist, or even a municipality responsible for road maintenance, may share responsibility. Understanding who is at fault requires a careful review of the facts and applicable state laws.
Gather Evidence at the Scene
Evidence is the foundation of any personal injury claim. The sooner you start collecting it, the better your chances of proving fault. Strong evidence not only helps establish liability but also supports the extent of your damages, including medical costs and lost wages. By acting quickly, you can make sure that important details are preserved before they disappear.
Take Photos and Videos
Photographic evidence is powerful in a pedestrian accident claim. High-quality, well-timed photos can tell the story of the accident better than words alone. They can capture conditions that might be altered or cleaned up shortly after the incident, such as spilled fluids or obstructed signage. Capture images of:
The accident scene from multiple angles
Skid marks, debris, or broken glass
The location of traffic signals and signs
Your visible injuries
These photos can later be analyzed by accident reconstruction experts or used in court to visually demonstrate the scene. They also help refresh your memory months later when details may be harder to recall. If possible, record a video walkthrough of the scene to preserve details that may fade over time.
Collect Witness Information
Eyewitness testimony can corroborate your version of events. Witnesses may have seen important details you missed in the chaos, such as the driver running a red light or looking down at their phone. Their statements can also help fill in gaps in the timeline of events. Even if someone only saw part of the incident, their testimony could still add valuable context.
Obtain the Police Report
When law enforcement responds to the scene, they typically create an accident report. This document often includes the officer’s observations, statements from both parties, and a preliminary assessment of fault. Request a copy as soon as it’s available so you can review it for accuracy and completeness.
Seek Immediate Medical Attention
From a legal perspective, getting medical care isn’t just about your health; it’s about creating a clear record of your injuries and their link to the accident. Delaying treatment could allow the opposing side to argue that your injuries were caused by something else. Be sure to do the following:
Tell your doctor exactly how the pedestrian accident occurred
Follow all treatment recommendations
Keep copies of medical records, bills, and prescriptions
These documents serve as critical evidence in proving damages and causation. They also help establish the seriousness of your condition, which can influence the amount of compensation you may receive. Consistent medical documentation strengthens your credibility and reduces opportunities for the defense to dispute your injuries.
Establish the Driver’s Duty of Care
In a personal injury claim, the first element you must prove is that the defendant owed you a duty of care. This duty is a legal obligation requiring individuals to act in a reasonably safe manner to avoid causing harm to others. In the context of a pedestrian accident, drivers have a legal duty to:
Obey traffic laws
Remain attentive behind the wheel
Yield the right-of-way to pedestrians in crosswalks
Avoid dangerous behaviors like speeding or texting while driving
These responsibilities exist to protect pedestrians from preventable harm and reduce the risk of collisions. Demonstrating that the driver had this duty is generally straightforward, as traffic laws clearly outline motorists’ obligations toward pedestrians. Establishing this element lays the groundwork for proving that the driver’s actions fell short of what the law requires.
Show How the Duty Was Breached
Once you’ve established the driver’s duty, you must prove they breached it. A breach occurs when someone fails to act as a reasonably careful person would under similar circumstances, thereby putting others in danger. This step is crucial because it demonstrates how the driver’s specific actions directly created a hazardous situation. Examples include:
Running a red light or stop sign
Failing to yield at a crosswalk
Driving while distracted or impaired
Speeding in a pedestrian-heavy area
Making illegal turns
Each of these actions violates traffic laws and increases the likelihood of harming a pedestrian. Evidence to prove a breach might include dashcam footage, traffic camera recordings, or witness testimony. Presenting this type of evidence helps paint a clear picture of the driver’s negligence for insurance companies, judges, or juries.
Prove Causation
Even if you can prove the driver was negligent, you still must connect their actions directly to your injuries. This is known as causation. For example, if a driver ran a stop sign and hit you while you were crossing, medical records showing immediate injury help draw a direct line from the driver’s negligence to your harm.
If the defense can argue that something else caused your injuries, such as a pre-existing condition or an unrelated incident, your case could weaken. Medical experts can be instrumental in establishing this link. An experienced personal injury attorney is essential to this part of your case. Contact Diehl Law, LLC, to begin working with us.
Document Your Damages
The final element in proving fault involves showing that you suffered actual damages as a result of the accident. This step connects the driver’s negligent actions to the measurable impact on your life, both financially and emotionally. Without proving damages, even the clearest case of fault won’t result in compensation. Damages can include:
Medical expenses (past and future)
Lost wages
Reduced earning capacity
Pain and suffering
Emotional distress
Rehabilitation costs
These losses can be economic, such as medical bills, or non-economic, such as the lasting pain and disruption to your daily life. Organizing receipts, invoices, and financial records will strengthen your claim. Detailed documentation also allows your attorney to present a precise calculation of the compensation you’re seeking, increasing your chances of a fair settlement.
Utilize Traffic and Surveillance Footage
In many pedestrian accident cases, camera footage can be the deciding factor. Video evidence provides an objective record that can be invaluable when witness memories fade or accounts differ. It can help reconstruct the moments before, during, and after the incident with clarity that words alone can’t match. Sources include:
Intersection traffic cameras
Security cameras from nearby businesses
Dashcams from passing vehicles
Residential doorbell cameras
These recordings can capture critical details, such as driver behavior, vehicle speed, and pedestrian positioning. Act quickly, as some footage may be automatically deleted within days. An attorney can send preservation letters to make sure critical evidence isn’t destroyed. Acting promptly to secure this footage can prevent losing information that could help your claim.
Contact a Personal Injury Attorney Today
A pedestrian accident can change your life in an instant, but it doesn’t have to define your future. With the right legal guidance, you can hold negligent parties accountable and recover the financial resources needed to heal and move forward.
At Diehl Law, LLC, we help clients in Southwestern Ohio, including Warren County, Clinton County, Highland County, Clermont County, and Butler County, who have been involved in a pedestrian accident. If you or a loved one has been injured in a pedestrian accident, don’t wait to take action. Contact our firm as soon as possible to discuss your case and start building a strong claim today.
