Critical Evidence in Pedestrian Accidents
A pedestrian accident will often result in serious injuries that can change lives in an instant. Critical evidence, such as cell phone records, witness accounts, traffic light timing logs, and scene documentation, can determine the outcome of a case. Collecting this information quickly is essential to protect your rights and secure fair compensation; much of it may only be available for a short time.
At Schefman & Associates, PC, we guide your case through every step, making sure necessary evidence is preserved and obtained. Contact us to help protect your claim and strengthen your chances of winning the money you deserve.
Common Causes of Pedestrian Accidents in Michigan
Crowded intersections, poorly lit streets, and distracted driving can all lead to severe injuries. Recognizing the typical causes helps identify the most relevant evidence.
Everyday situations that may seem routine often carry hidden risks. Some common scenarios where pedestrian accidents occur include:
Crosswalk incidents: Pedestrians are hit while legally crossing the street, often due to drivers failing to yield.
Parking lot collisions: Cars backing out of spaces even at low-speeds can still result in significant injuries, especially for older pedestrians.
Hidden driveways and Intersection accidents: Pedestrians struck by vehicles entering or leaving driveways or sidewalks, OR PARKING spaces are often unobserved.
Workmen around the area: Sometimes contractors leave wires or tools that impair travel.
Your attorney at Schefman & Associates is familiar with these circumstances and has won millions of dollars for accident victims. We carefully consider what will be needed to support a claim as to each target defendant. Often, the timing of notice to potential defendants is critical to preserve your claim within strict timelines. You need an attorney who knows that!
Importance of Witness Statements in Pedestrian Accidents
Eyewitness accounts can provide a clear picture of what happened before, during, and after a pedestrian accident. Statements from bystanders often confirm the sequence of events and the behaviors of drivers involved. These accounts can be instrumental when physical evidence is limited or unclear.
Gathering detailed and reliable witness statements is essential to understanding how a pedestrian accident occurred. Some key elements of witness statements include:
Contact information: Make sure names and numbers are collected promptly while memories are fresh.
Detailed observations: Witnesses should describe speed, direction, and any evasive actions.
Consistency: Multiple accounts that align can strengthen credibility and support your case.
Witness statements provide valuable firsthand accounts that clarify the events leading up to a pedestrian accident. Reliable witness testimony complements physical evidence like photos and medical records, which brings us to the next critical component—police reports.
Using Police Reports to Support a Case
Police reports document the circumstances of a pedestrian accident and the initial assessment of fault. Officers record statements from drivers, pedestrians, and witnesses, as well as environmental conditions at the scene. This report can serve as a foundation for building a claim, but the report itself is not admissible. Still, getting it quickly is essential, as details in the report may need to be changed to match the actual facts. Provable police mistakes can and must be corrected!
Accurate police reports often include the time of the accident, location details, citations issued, and diagrams of the crash. But it may also include a casual observation that the victim was outside of the crosswalk, or that no lights were on, when the opposite is true. Make sure that this report is correct, since it can influence an officer's testimony, and his memory, based on that report, may make a substantial difference in your case.
Keep a Diary After a Pedestrian Accident
Medical records are crucial in documenting the extent of injuries and ongoing treatment needs. But more often, a written record of how injuries are impacting your daily life is a more important detail. How you were before compared to after, the small things you can no longer do, and how the changes have impacted you and all of your relationships with friends and family.
Photographs and Video Evidence From the Scene
Photos and videos can capture details that might be forgotten or altered over time. Dashcam footage, surveillance cameras, and smartphone recordings all serve as objective evidence. Many large semi-trucks are equipped with dash-cam cameras that record the road ahead, as well as the driver's activity in the cab. A nearby store may have a security camera that recorded the whole event. Recording the scene and the sequence of events promptly preserves conditions that could be critical in demonstrating small details and fault.
Traffic and Accident Reconstruction
Accident reconstruction experts analyze collisions to determine the speed, impact angles, force of impact, and driver behavior. Their evaluations rely on physical evidence, police reports, and witness statements. Expert testimony helps to clarify how the pedestrian accident occurred and who may be responsible. Using reconstruction results alongside medical and visual evidence strengthens your overall claim.
Preserving Clothing and Personal Items for Evidence
Clothing and personal belongings can provide clues about the nature of the accident. Torn clothing, shoe impressions, or damaged personal items may indicate the point of impact and force involved. If the accident was at nioght, you may need to show that you were wearing bright, reflective clothing. Preserving these items immediately assures they remain credible pieces of evidence.
Once personal items are documented, digital evidence can further confirm timelines and movements during the accident.
Leveraging Digital Evidence From Smartphones and Wearables
Smartphones and wearable devices often contain GPS data, call logs, and activity tracking that support or refute accident timelines. This information can verify when and where the accident occurred and perhaps even why the driver was distracted. Collecting digital evidence early assures it remains intact and usable.
Electronic devices often contain information that can verify the timing and location of a pedestrian accident. Some examples of digital evidence include:
GPS and location history: Confirms your position during the incident.
Activity trackers: Show movement or steps at the time of the accident.
Call and message records: May provide context or communication related to the accident.
Digital evidence pairs effectively with visual, medical, and witness records, reinforcing the full scope of documentation needed. Next, environmental and roadway conditions often play a decisive role in proving liability.
Collecting Environmental and Roadway Evidence
Environmental conditions like lighting, signage, and road surfaces impact the severity of pedestrian accidents. Weather, construction, or obstructions may also contribute to collisions. Documenting these factors promptly assures an accurate representation of the scene.
Documenting conditions at the accident site helps show factors that may have contributed to a pedestrian accident. Some important environmental elements to record include:
Road surface conditions: Potholes, debris, or wet pavement.
Signage and signals: Visibility and functionality at the accident site.
Lighting and weather conditions: Nighttime or poor weather can affect visibility.
Preserving these details complements other evidence and supports expert analysis, making expert testimony the next logical step in strengthening a case.
Using Expert Opinions to Strengthen Pedestrian Accident Cases
Experts provide specialized knowledge that supports the challenging aspects of a pedestrian accident claim. Medical professionals can explain injury severity, while accident reconstructionists clarify technical details. Their testimony can validate other evidence and increase credibility with the jury, and often aid in negotiations.
Some key areas where experts are useful include:
Medical experts: Evaluate the extent of injuries and treatment needs.
Reconstruction and commercial driving specialists: Explain vehicle dynamics, impact angles, and speed.
Safety and engineering experts: Assess roadway design or hazard factors contributing to the accident.
Combining expert insights with witness accounts, medical documentation, and scene evidence creates a comprehensive foundation for pursuing compensation. This naturally leads to a summary of all critical evidence for a strong pedestrian accident case.
Protect Your Rights After a Pedestrian Accident
Hiring the right attorney can make a significant difference in the outcome of a pedestrian accident claim. At Schefman & Associates, PC, we focus on what is needed to win, and we'll make sure nothing is overlooked to strengthen your case. You focus on getting better.
We represent clients in Bloomfield Hills, Oakland County, Wayne County, Macomb County, and Washtenaw County.
Guiding you through every step, helping you understand your options, and protecting your rights.
Contact us today to discuss your case and start building a strong case.
