Proving liability in a pedestrian accident case rests on demonstrating that the driver violated their duty of care to pedestrians and that their negligence directly caused your injuries. An attorney will work to establish liability by gathering evidence, identifying laws and statutes that were broken, and building a convincing argument that pins fault for the crash solely on the driver. Some of the ways a pedestrian accident lawyer proves liability include.
- Analyzing police reports – Police reports contain important details about how the crash occurred, witness statements, and whether the driver was cited for any traffic violations. This evidence is crucial for showing the driver’s failure to yield, speeding, distraction, or other negligent behaviors. If any business or traffic cameras capture footage of the accident, it vividly depicts what transpired. The lawyer can examine the video frame-by-frame, if needed to prove the driver’s negligence.
- Consulting accident reconstruction experts – These specialists can analyze debris, skid marks, and damage to vehicles to recreate the accident scenario. Their findings scientifically establish speeds, angles, and other factors that led to the crash.
- Establishing a history of negligence – A driver’s past traffic citations, crashes, license suspensions, or warnings help demonstrate a pattern of irresponsible driving. looking for an experienced pedestrian accident attorney to help explain the physical, emotional, and financial toll the accident continues to have. Photographs, medical records, and testimony from doctors and experts all illustrate the harm suffered.
- Understanding the state’s laws – There are often state statutes specific to a driver’s duty of care to pedestrians in crosswalks, at intersections, and other locations. The lawyer will demonstrate how the driver broke these traffic laws. The statements gathered from eyewitnesses, passengers, and other parties provide critical evidence about what happened. Their accounts help reconstruct the accident and identify hazards the driver should have perceived.
- Exploring alternative theories – The attorney will work to discount any alternative suggestions for what caused the crash that does not rest liability solely on the driver. It removes any room for split responsibility. Returning to the accident scene allows the lawyer to gain insight into lighting conditions, line of sight, distractions, and other circumstances that may have influenced the driver’s actions.
- Examining the vehicle – Inspecting damage to the vehicle may reveal equipment defects or demonstrate that the driver took no evasive measures to avoid striking the pedestrian. For commercial drivers, logs reveal noncompliance with safety regulations, surpassing driving hour limits, or falsification of records. With their legal skills and resources, diligent Utah Pedestrian Accident Attorney build a strong claim by gathering every piece of viable evidence. They will apply their knowledge of negligence law to construct an ironclad argument that the driver is at fault. This careful work provides the foundation for obtaining maximum compensation through an insurance settlement or jury award.
If you were injured as a pedestrian, do not delay to consult an experienced attorney. There are strict deadlines for filing claims, so it is important to have accomplished representation immediately. They promptly launch an investigation, preserve evidence, handle negotiations with insurance companies, and take other steps to protect your legal rights. With an attorney at your side, you are confident that your case will be handled thoroughly.