Walking is a common mode of transportation, and pedestrian accidents are all too common. Pedestrians are more vulnerable than motor vehicle drivers, which means that accidents involving them can be more severe. Pedestrian accidents can result in severe injuries or even death. Identifying witnesses and their testimony can be critical in determining fault and helping victims get the compensation they deserve.
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Pedestrian Accidents: Causes and Consequences
Pedestrian accidents can happen for various reasons. A few common causes include:
- Distracted driving
- Failure to yield to pedestrians
- Speeding
- Drunk driving
Regardless of the cause, pedestrian accidents can result in devastating physical injuries such as spinal cord injuries, traumatic brain injuries, and amputations, to name a few. In many cases, the victims and their families are left with life-long medical expenses, lost wages, and emotional distress.
The Importance of Witnesses
When a pedestrian accident happens, the most crucial factor is determining fault. Filing a personal injury lawsuit requires the victim or their legal team to prove that another party was liable for the accident. Car accident cases usually have several witnesses who can attest to what happened, but in pedestrian accident cases, witnesses may be scarce.
In situations like this, witness testimony can be invaluable in determining fault. A witness can recount what they saw, providing an objective version of events that can help build a better picture of what happened. Eyewitnesses can describe the speed, direction, and actions of the drivers and pedestrians involved and provide insight into who was at fault.
A Witness’s Role in Determining Fault
Determining fault in a pedestrian accident case is crucial, and often challenging. A pedestrian typically has the right-of-way on the road, but it is not always black and white. Witnesses can help provide additional information which may be critical in determining the party at fault.
For example, suppose a pedestrian was walking along the side of the road. Suddenly, a driver cut sharply into the curb and hit them. In that case, eyewitness testimony could verify if the driver was speeding, failed to use turn signals, or was driving distracted.
Additionally, if a driver claims to have done everything they could to avoid the collision, but eyewitnesses recount seeing the driver speeding or driving erratically, the testimony could uncover the driver’s negligence or recklessness.
What to Do after a Pedestrian Accident
If you are involved in a pedestrian accident, you should take specific steps, like:
- Call 911 immediately
- Ask eyewitnesses for their contact information
- Document the scene of the accident
- Seek medical help
- Contact a personal injury attorney
As a pedestrian, your priority after an accident should be to seek medical attention. Even if you don’t believe you are injured, it is always a good idea to get checked out by a medical professional. Minor injuries can sometimes have long-term consequences. Additionally, some serious injuries, like concussions, may not show symptoms immediately.
Contacting a personal injury attorney after seeking medical care should also be a priority. Lawyers can help protect your rights and seek just compensation for the damages you and your family suffered. The sooner you get in touch with an attorney, the better your chances of preserving evidence, testimony, and getting the witnesses’ contact information.
Final Thoughts
Pedestrian accidents can be catastrophic, but eyewitness testimony can be a critical piece of evidence to determine fault. If you were involved in an accident, you may need legal representation to help seek justice and get the compensation you deserve. Regardless of the severity of the accident, it is always a good idea to speak to an experienced personal injury attorney to discuss your options.