Importance of Witnesses in Pedestrian Car Accident Claims

Pedestrian car accidents can cause serious injury to the pedestrian since he is not protected by his own car when he is hit. As such, if a negligent driver causes a pedestrian car accident, there could potentially be a big verdict for the plaintiff as a result of the severity of the injuries. However, to file a lawsuit, a pedestrian will have to prove that the driver was negligent in causing the injuries. Witnesses can help a pedestrian to do that.

Liability for Car Accident Cases

When a person is injured in a car accident in most states, he is entitled to file a lawsuit or otherwise recover his damages from the driver at fault (although the rules are different in the twelve no fault states). These damages can include damages for:

Pain and suffering
Emotional distress
Lost wages
Medical bills

The amount of damages can sometimes be substantial, especially if a person was permanently disfigured, injured, paralyzed or even killed by a car accident.

Proving a Case

In order to recover his damages, a person must prove who is at fault. Sometimes, it is easy to know who was at fault. The insurance company of the driver will look at the facts, including the police report, and may decide that it is willing to accept liability on behalf of its insured. when this happens, the insurance company may offer a settlement in order to avoid a lawsuit being filed, or may offer a settlement after a lawsuit has already been filed so that they do not take the risk of a large jury verdict.

On the other hand, though, sometimes an insurance company or a driver who caused an accident does not admit he was at fault. The driver of the vehicle may try to argue, for example, that the pedestrian was at fault. He could suggest that the pedestrian crossed illegally or ran in front of the car or otherwise did something to result in getting hit.

If the driver denies fault, the pedestrian will have to prove his case by proving that the driver actually was negligent and actually did cause the accident and injuries. One key way to do this is by providing the testimony of witnesses who saw the event.

Getting Help

If you have been involved in a car accident, consult with an experienced car accident attorney who handles pedestrian car accidents. Your attorney can help you gather the evidence you need to prove fault and can help you build your case against the negligent defendant.

Have a Personal Injury Case?