How to Prove Fault in a Pedestrian Accident Case

When it comes to pedestrian accidents, establishing fault is a critical aspect of pursuing a personal injury claim, especially when vehicles are involved. If you or a loved one has faced an accident as a pedestrian, understanding how to prove fault is essential. In this post, we'll outline key steps and considerations in establishing liability in a pedestrian accident case. 

Gather Evidence at the Scene 

If physically able, document the accident scene by taking photographs of the location, the surrounding environment, traffic signals, and any visible injuries. Collect contact information from witnesses who may provide statements regarding the sequence of events. 

Seek Medical Attention 

Promptly seek medical attention, even for injuries that seem minor. Medical records serve as vital evidence that can link your injuries to the accident. 

Obtain a Police Report 

Contact law enforcement to ensure a police report is filed. This official document often includes details such as witness statements, the officer's observations, and any citations issued. 

Traffic Laws and Pedestrian Rights 

Familiarize yourself with California traffic laws and pedestrian rights. Understanding who had the right of way at the time of the accident is crucial in determining fault. 

Review Surveillance Footage 

If available, obtain and review any surveillance footage from nearby businesses or traffic cameras. This can provide valuable visual evidence of the accident sequence. 

Eyewitness Testimonies 

Collect statements from eyewitnesses who can provide a firsthand account of the accident. Their perspectives can strengthen your case and establish a clear sequence of events. 

Driver's Actions 

Assess the driver's behavior leading up to the accident. Factors such as speeding, distracted driving, or failure to yield to pedestrians can contribute to establishing fault. 

Weather and Road Conditions 

Consider how weather and road conditions may have played a role in the accident. Wet or slippery surfaces, poor visibility, or inadequate signage can affect liability. 

Consult with an Attorney 

Seek the guidance of an experienced personal injury attorney who specializes in pedestrian accidents. An attorney can assess the evidence, navigate legal complexities, and build a strong case on your behalf. 

Get in Touch with a California Pedestrian Accident Lawyer 

Proving fault in a pedestrian accident case involves a thorough examination of the circumstances surrounding the incident. By diligently collecting evidence, understanding traffic laws, and seeking professional legal assistance, you can strengthen your case and increase the likelihood of a favorable outcome. To speak to a skilled pedestrian accident lawyer in California, get in touch with Harris Personal Injury Lawyers by calling 1-800-GO-HARRIS or by filling out our contact form here.