Paoli Pedestrian Accident Lawyer

A pedestrian accident can leave you with life-altering injuries, medical bills, and financial uncertainty. If a negligent driver hit you, Kingbird Legal will fight to hold them accountable. Our Paoli pedestrian accident lawyer is committed to securing the compensation you need for your injuries and losses. Don’t navigate this alone—call 484-289-4880 today for a free consultation, and let us help you get the justice you deserve.

How to Establish Liability in a Pedestrian Accident Case

Pedestrian accidents can be devastating, leaving individuals with serious injuries, long recovery times, and unexpected financial burdens. In Pennsylvania, like in other states, establishing liability—or fault—in a pedestrian accident is essential for securing compensation for medical bills, lost wages, and other damages. Pedestrian accident cases can be complex, as they often involve multiple parties, including drivers, pedestrians, and sometimes even governmental agencies responsible for road safety.

If you or a loved one has been involved in a pedestrian accident, understanding how to prove fault is crucial to your case.

Understanding Pedestrian Accident Liability

Liability in a pedestrian accident refers to who is legally responsible for causing the accident and the resulting injuries. In most cases, the party who is at fault will be required to compensate the injured pedestrian for medical expenses, lost wages, pain and suffering, and more.

In Pennsylvania, fault is typically determined using a comparative negligence system. This means that both the pedestrian and the driver may share responsibility for the accident, depending on the circumstances. For example, a pedestrian who jaywalks and is hit by a vehicle may be partially at fault for the accident. However, the driver may still be considered primarily responsible if they were speeding or failed to yield to the pedestrian.

Proving fault in a pedestrian accident requires gathering and presenting evidence that demonstrates the other party’s negligence. There are several key factors that lawyers will focus on when establishing fault.

Key Elements of Proving Fault in a Pedestrian Accident

To prove fault in a pedestrian accident, there are certain elements that must be demonstrated. These include:

Negligence or Recklessness: The party responsible for the accident (usually the driver) must have acted negligently or recklessly. This could include behaviors like speeding, distracted driving, failing to stop at a crosswalk, or running a red light.
Breach of Duty: Drivers have a legal obligation to operate their vehicles safely and yield to pedestrians when necessary. If a driver fails to adhere to these duties, they are considered to have breached their duty of care.
Causation: You must show that the driver’s actions directly caused the accident and your injuries. For example, if the driver was speeding and failed to stop at a crosswalk where you were walking, the speed and failure to yield may have caused the collision.
Damages: Lastly, you must prove that the pedestrian accident resulted in actual damages, such as medical bills, pain and suffering, lost wages, or long-term disability.

Now that we understand the basic elements, let’s discuss the types of evidence you will need to gather to establish fault in your pedestrian accident case.

Gathering Evidence to Prove Fault

In order to build a strong case, it is essential to gather evidence that supports your version of events. Here are some common types of evidence that can help prove fault in a pedestrian accident:

Police Report

A police report is often one of the most critical pieces of evidence in a pedestrian accident case. When law enforcement responds to the scene, they will typically create a report documenting key details such as:

The time, date, and location of the accident.
Statements from the driver, pedestrian, and any witnesses.
Any citations issued (for example, a ticket for failing to yield to a pedestrian or speeding).
An assessment of the scene and any contributing factors, such as poor lighting, weather, or road conditions.

The police report helps establish the basic facts and can be used to demonstrate the driver’s negligence or failure to follow traffic laws.

Witness Testimonies

Witness testimony can be invaluable in proving fault. Eyewitnesses who saw the accident unfold can offer crucial details that corroborate your version of events. They may have observed the driver’s actions or behavior before the collision, such as speeding, texting, or ignoring traffic signals.

Witness statements can also be important in clarifying issues where there is a dispute, such as whether the pedestrian was crossing at a crosswalk or jaywalking.

Traffic Camera Footage

In urban areas or areas with high traffic, there may be surveillance cameras or traffic cameras that captured the accident or the events leading up to it. This footage can provide clear evidence of the driver’s actions, such as whether they were speeding, running a red light, or failing to yield to pedestrians in a crosswalk.

If traffic cameras or nearby businesses have recorded the accident, your lawyer may be able to obtain that footage as part of your case.

Driver’s History and Behavior

In some cases, the driver’s history or behavior before the accident may be relevant. For example, if the driver has a history of reckless driving, speeding tickets, or driving under the influence, this information could help establish negligence.

If the driver was distracted at the time of the accident, such as texting while driving or talking on the phone, this evidence can show that their lack of attention caused the collision.

Medical Records and Injury Documentation

To prove fault and recover damages, you must also provide evidence of the injuries you sustained in the accident. Medical records documenting your injuries, treatments, surgeries, and ongoing rehabilitation can help show the severity of the accident and demonstrate how it has affected your life.

In cases of severe injury, a medical professional may be able to provide expert testimony on how the driver’s actions caused the specific injuries you sustained.

Accident Reconstruction Experts

In some complex cases, accident reconstruction experts may be called upon to help analyze the physical evidence at the scene of the accident. These experts can use the vehicle’s speed, the angle of impact, and other data points to reconstruct the sequence of events leading up to the collision. This can be especially helpful in cases where there are conflicting statements from the driver, pedestrian, or witnesses.

Proving Fault

While drivers are typically the ones held responsible in pedestrian accidents, there are situations where the pedestrian may share or bear full responsibility for the accident. Pedestrians can be found at fault if they engage in reckless behavior, such as:

Jaywalking or crossing outside of a designated crosswalk.
Ignoring traffic signals or signs.
Walking under the influence of alcohol or drugs.
Distracted walking (e.g., texting while crossing the street).

In these situations, a lawyer can help you establish how much, if any, fault lies with the pedestrian. Pennsylvania’s comparative negligence law allows for a reduction in damages based on the percentage of fault attributed to each party. If the pedestrian is found to be partially at fault, their damages may be reduced accordingly.

The Role of Legal Representation

Proving fault in a pedestrian accident case requires careful attention to detail, knowledge of Pennsylvania’s traffic laws, and the ability to gather and present evidence effectively. If you’ve been injured in a pedestrian accident, consulting with an experienced personal injury lawyer can significantly increase your chances of obtaining a favorable outcome.

An attorney will guide you through the process of proving fault, help collect the necessary evidence, negotiate with insurance companies, and, if necessary, represent you in court. Their goal will be to ensure that you receive the compensation you deserve for your injuries and any related expenses.

Paoli Pedestrian Accident Attorney – Helping You Move Forward

Establishing fault in a pedestrian accident case can be a challenging process, but it’s crucial for obtaining fair compensation. By gathering evidence, documenting your injuries, and working with an experienced lawyer, you can prove liability and protect your rights. If you’ve been involved in a pedestrian accident in Pennsylvania, don’t hesitate to seek legal assistance. A lawyer will help you navigate the complexities of your case and fight for the compensation you need to recover from your injuries and move forward with your life. Kingbird Legal’s Paoli pedestrian accident attorney is committed to holding negligent drivers accountable and helping victims recover the compensation they deserve. Call 484-289-4880 today for a free consultation, and let us help you get the justice and financial recovery you need.