When a pedestrian is injured, identifying who is legally at fault becomes the key issue in pursuing a claim. While pedestrians generally have the right of way, liability isn’t automatic. Each case requires a close look at the circumstances, traffic laws, and available evidence. For those dealing with injuries after being struck by a vehicle, the legal process may seem unclear—but liability must be clearly proven before compensation can be pursued. If you were hurt while crossing the street or walking near traffic, it’s important to speak with a San Jose, CA pedestrian accident lawyer as soon as possible.
Gathering Evidence At The Scene
One of the most important parts of proving liability is preserving evidence from the scene. That includes photographs of the location, contact information for witnesses, and any available surveillance footage. In some situations, drivers or their insurers may attempt to shift blame onto the pedestrian. Having clear, unbiased evidence from the start makes a significant difference.
We often work with investigators to revisit the scene, identify possible camera angles from nearby businesses, and gather police reports that may support our client’s position. If a citation was issued to the driver, it can be a key factor in establishing fault. Witness statements also help confirm what happened, especially in busy areas where distractions or speeding are common issues.
Determining Duty And Breach
For a successful claim, we need to show that the driver owed a duty of care to the pedestrian and that they failed to meet that duty. Drivers are required to stay alert, yield to pedestrians at crosswalks, and follow all traffic laws. If they were distracted, impaired, or simply reckless, that can constitute a breach of their legal duty.
For example, if a driver was texting and failed to see a pedestrian in a marked crosswalk, that distraction may show the driver did not meet their duty to drive responsibly.We also look at whether the pedestrian followed the rules—such as obeying walk signals—since that will come into play if liability is shared.
Using Medical Documentation To Strengthen The Claim
Clear medical records are not just important for treatment—they are a critical part of proving liability. Timely medical care creates a record of injuries and helps connect those injuries directly to the accident. In some cases, a delay in treatment gives the other side room to argue that something else may have caused the injuries.
We regularly coordinate with medical providers to request detailed records, imaging results, and documentation that shows the full extent of physical harm. These reports help us present a clearer picture of how the accident affected the pedestrian’s life and can counter any attempts to downplay injuries.
Why Legal Support Matters When Fault Is Disputed
Some cases involve straightforward liability, but many do not. When the driver denies wrongdoing or when fault is shared, having legal representation becomes even more important. At our firm, we take on insurance companies who try to avoid paying full compensation, and we focus on holding drivers accountable when their actions cause harm.
Our team also assists with helping clients find immediate medical care through lien-based providers when insurance issues delay access to treatment. This service allows injured pedestrians to receive timely care without worrying about upfront costs.
Focused Support For Injured Pedestrians
Establishing liability in a pedestrian injury case starts with a clear, step-by-step approach from the moment the accident happens. It’s about gathering facts, applying the law, and making a clear case that supports our client’s right to recovery. Attorneys like those at Mitchell & Danoff Law Firm, Inc can attest to how detailed legal work can make a difference in difficult cases. If you or someone you care about has been injured, contact us today to speak with a team that will advocate for you and connect you with a trusted legal professional.