Like any other type of traffic accident, in a pedestrian accident, the parties’ representatives often argue fault. The pedestrian may be fully or partly at fault, one or more drivers may be at fault, or several parties may actually share fault. Whenever filing a claim after a pedestrian accident, evidence will be crucial to recover a fair settlement amount. Here’s why.
Collecting Evidence for Two Purposes
When you begin thinking about what types of evidence may be helpful for your case, remember that you will need evidence for two purposes.
- To prove fault – Under Georgia’s modified comparative negligence rule, you can collect compensation for your damages if you were no more than 50 percent at fault for the accident. However, your settlement will be reduced by your degree of fault. Therefore, it’s important to try to show the insurer or courts that you were not to blame, or at least that you were no more than half responsible for the accident.
- To prove the full extent of your damages – Once you’ve established who is at fault for the accident, you’ll also need to collect evidence that accurately and fully demonstrates your damages so you can be compensated accordingly.
The types of evidence you’ll need to establish these elements of your case will likely differ.
Helpful Evidence for a Pedestrian Accident Claim
There are numerous types of evidence that can be very useful in a personal injury or wrongful death claim after a pedestrian accident. Your lawyer can be instrumental in identifying, digging up, collecting, and organizing important evidence.
For proving fault, some of the types of evidence that can be used when filing your pedestrian accident claim or lawsuit include the following.
- Police reports
- Eyewitness testimonies
- Traffic cam footage of the accident
- Drug and alcohol test results
- Phone records from involved parties (if you suspect distraction from texting or talking on the phone caused the accident)
- Reports and testimonies from pedestrian accident reconstruction specialists
To show just how much the accident has impacted your life, you can use the following types of evidence.
- Medical and rehabilitation bills
- Doctors’ prognoses
- An injury journal (detail the progression of the injury and emotional/physical effects on a daily basis)
- Testimonies from medical experts, mental health specialists, social workers
- Proof of your lost income and benefits, disability, loss of promotion, etc.
Finding the Resources You Need after the Pedestrian Accident
If your loved one was recently hurt or killed in a pedestrian accident, find a local injury attorney to help you with your case. Your lawyer can help you obtain the evidence necessary to prove your case, and an attorney will help you craft your case appropriately.
In many accidents, evidence can get lost or destroyed, which can devastate your case. When you speak with your attorney about the accident, he or she can take certain legal steps straightaway to preserve the evidence and protect your claim.
Plus, when you select an established, reputable firm, it will have access to information and resources that could be helpful for you claim, such as relationships with field experts and insights into how to minimize your loved one’s degree of fault.
Finding a Pedestrian Accident Attorney in Atlanta
If you’re in search of an attorney in Atlanta, we encourage you to call the Law Office of Jason R. Schultz, P.C. Jason Schultz has a passion for helping injured Georgians and has successfully resolved scores of accident claims for victims and their families.
Contact our office today at 404-474-0804 to set up a free, no-obligation consultation in Atlanta.