Every day, pedestrian/vehicle accidents occur. The pedestrian is at a natural disadvantage because they don’t have the protection afforded by a helmet, seat belt or vehicle. Some activities, areas and professions carry a higher risk for pedestrians. Here, victims can learn more about filing a personal injury case after a pedestrian accident.
Proving the Case
Despite popular belief, police reports are not used as evidence in accident lawsuits. The report typically contains an officer’s opinion on who was to blame, but it is often ruled inadmissible. This is a good thing in accident cases, as many officers don’t understand the deference the law gives to the pedestrian. Many cases depend on whether the victim was within his/her rights at the time of the accident. Important supporting evidence includes:
- Witness statements, particularly from those unrelated to the victim
- Photos and videos from traffic and security cameras
- Skid marks
- Phone records that prove a driver’s negligence in talking or texting at the time of the event
A lawyer with www.teagueandgloverlaw.com will work with the client to find all possible supporting evidence, whether they’re the plaintiff or the defendant.
Defenses to Accident Lawsuits
Defense attorneys in accident lawsuits often contend that the pedestrian’s negligent behavior contributed to the accident. According to North Carolina law, a plaintiff cannot recover in a pedestrian accident suit if he or she is even one percent at fault. Defense lawyers often try to convince the jury that the victim was distracted, but a prompt investigation can often damage these defenses.
Finding Coverage in Pedestrian Accidents
A primary concern in NC pedestrian accidents is whether insurance will pay for the victim’s injuries. The simplest cases are when a negligent driver is covered, because the driver’s insurer covers the damages. However, if the at-fault party has no insurance, leaves the scene or can’t be found, the pedestrian’s auto policy will help if it includes under/uninsured motorist coverage.
Pedestrian accidents can cause lasting effects, and victims can end up suffering the physical and economic consequences for years. However, a personal injury attorney can help a client defend against charges, or they can provide support to an injured victim.