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Jason R. Schultz P.C

Pedestrian Accident Evidence to Prove Fault


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9/12/2014
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Pedestrian accident cases, just as with all injury claims, hinge on negligence. The party that is responsible for the accident is liable for the damages that caused in the accident.

When a pedestrian is struck by a vehicle, whether or not he or she can successfully file a claim or lawsuit against the driver depends on the circumstances surrounding the incident. Note that Georgia law specifies that if you are 50 percent or more at fault for the accident, you are not entitled to recover damages at all.

Pedestrian Accident Evidence That’s Useful to Prove Fault

Because fault is paramount to winning your claim, it’s essential to have compelling evidence that demonstrates that you were not at fault and that the driver was at fault. For instance, if you were jaywalking or using a cell phone when you were struck, the court or insurance company may place blame on you.

To substantiate your claim, work with an attorney who can help you collect pedestrian accident evidence, such as the items listed below.

  • Eye witness reports
  • Police records
  • Traffic cam or security cam video footage
  • Skid marks

Other pieces of information might help support your claim, as well. For instance, if the other driver was speeding, driving under the influence, driving distractedly (e.g., texting and driving), or fled the scene of the accident, your lawyer can present that information to the court or insurance company to prove that the driver’s negligence caused the accident and that therefore, the driver should be responsible for paying your damages.

Get Help from an Attorney in Atlanta

Even if you were partly at fault, you may still be able to recover a portion of your damages from the other driver’s insurance company, or from other sources if the driver hit and ran. Of course, you may have no-fault coverage on your auto policy that doesn’t require proving fault, and you can use your health insurance for medical bills as well.

Victims or their families can contact a local injury attorney to determine the best legal route to take. For legal help in the Atlanta area, call the Law Office of Jason R. Schultz. Contact us today at 404-474-0804 for a no-obligation case evaluation.



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