What Evidence Is Needed for a Pedestrian Injury Claim?

 Posted on December 05, 2024 in Uncategorized

Pedestrian accidents can turn a simple walk into a life-changing event. Victims may be left with devastating injuries and mounting medical bills as they struggle to regain normalcy. If you or a loved one has been injured in a pedestrian accident, understanding what evidence is needed to prove negligence can make all the difference in your personal injury claim. A knowledgeable Maryland personal injury lawyer can help you navigate this complex process and ensure you have the necessary evidence to pursue fair compensation.

How Do You Prove Negligence in a Pedestrian Accident?

Establishing negligence is the foundation of any successful pedestrian injury claim. To prove negligence, you must exhibit the following factors:

• The driver owed a duty of care to safely operate their vehicle.

• The driver failed to meet this standard, for example, by speeding, texting while driving, or ignoring a crosswalk.

• This failure directly caused your injuries.

• You suffered measurable losses like medical expenses, lost wages, or pain and suffering.

In Maryland, the concept of contributory negligence makes it even more crucial to gather strong evidence of the driver’s negligence. Under state law, if the pedestrian is found even partially at fault for the accident, they may be unable to receive any compensation.

What Evidence Should Be Collected After a Pedestrian Accident?

Thorough evidence collection is essential for a pedestrian injury claim. The following types of evidence can help establish liability and prove the extent of the damages:

• Accident Scene Evidence: Photographs or videos of the accident scene, vehicle damage, and injuries, as well as skid marks, road conditions, and weather at the time of the accident can help build your claim.

• Police Reports: Make sure to obtain a copy of the official accident report, as it may include the officer’s observations and any driver citations.

• Eyewitness Statements: Information from bystanders who saw the accident can help support your version of events.

• Traffic Camera or Surveillance Footage: Video evidence can provide a clear view of how the accident happened.

• Medical Records: Documentation of your injuries, treatment plans, and medical bills will show the extent of the physical harm you endured.

• Expert Testimony: Accident reconstruction specialists can analyze the evidence and explain how the driver’s actions led to the accident.

How Does Evidence Impact Compensation in Pedestrian Cases?

The quality and quantity of evidence directly influence the amount of compensation you may receive. Strong evidence can help establish fault and prove the full scope of your damages, including:

• Economic Damages: These include your medical expenses, lost income, rehabilitation costs, and other out-of-pocket expenses.

• Non-Economic Damages: Your pain and suffering, emotional distress, and loss of enjoyment of life.

Contact a Maryland Accident Lawyer

If you have been injured in a pedestrian accident, contact a Hagerstown, MD pedestrian accident attorney at Serafini Law for guidance. Attorney AJ Serafini has over 12 years of legal experience and will aggressively fight for your rights. Call 240-744-1600 today to schedule a free consultation and learn more about our services.