After a pedestrian accident, gathering the right evidence is crucial to securing the compensation you deserve. Each piece of evidence plays a critical role in telling the story of how the accident happened and the impact it has had on your life. From photos of the crash scene to medical records and witness statements, the stronger your case, the better your chances of obtaining fair compensation. A Bronx pedestrian accident attorney who knows how to build cases with strong evidence can help you fight for justice and maximize your settlement.
What type of evidence builds strong pedestrian accident cases?
Not sure what type of evidence to collect after a pedestrian accident? Here are the key details you and your attorney can obtain and preserve to help get the best possible outcome for your case.
Accident scene photos
Photographs provide critical visual evidence that can strengthen your pedestrian accident claim. Clear, detailed photos of the crash scene can show what caused or contributed to the accident and highlight the severity of your injuries. Take photos of the intersection, crosswalk, or roadway from multiple angles. Document skid marks, vehicle damage, debris, and any traffic signals or signs that may have been obstructed. If poor weather conditions or road hazards, such as potholes or uneven pavement, played a role, be sure to capture those as well. Additionally, take photos of your injuries from the day of the accident and continue documenting your recovery process. These images can help prove the physical and emotional toll of the accident.
Surveillance camera footage
Surveillance cameras can capture every critical moment leading up to a pedestrian accident. They can be mounted on nearby businesses, traffic lights, or residential doorbells and reveal what truly happened and who bears responsibility. In some cases, video footage can be obtained from the dashcams of witnesses. You must act fast to obtain this footage before it gets lost or overwritten.
After a pedestrian accident, take note of any nearby surveillance cameras. If any witnesses captured the incident on their dashcam, ask them for a copy of the footage. An experienced Bronx pedestrian accident attorney can promptly request, review, and preserve this undeniable visual evidence.
Cell phone evidence
In today’s digital age, cell phones often play a pivotal role in building a strong pedestrian accident case. Your own phone can hold valuable evidence, such as photos or videos you took at the scene, text messages discussing the accident, or records of emergency calls. Likewise, the at-fault driver’s phone could provide evidence of distracted driving, such as texting, browsing, or making calls at the time of the collision.
An experienced pedestrian accident attorney can help subpoena cell phone records if necessary, ensuring that any relevant digital evidence is preserved and used to strengthen your case. This type of evidence can be critical in proving liability, especially in cases where negligence is disputed.
Witness statements
Witness statements can transform your case from unproven to undeniable, and witnesses can confirm how your pedestrian accident unfolded. They can reveal who was speeding, who failed to yield, and who was driving erratically or distracted. Their honest accounts put more weight behind your claim, especially when cross-referenced with other evidence. Be sure to get the names and contact information of witnesses. An attorney can later interview them and ask them what they saw.
The police report
Police reports give your claim rock-solid credibility. Police officers on the scene document every critical detail, including roadway conditions, vehicle positions, traffic signals, and weather. Additionally, they'll document any citations or arrests and provide a visual diagram of how the pedestrian accident likely occurred. Their reports also capture witness statements and any violations they observed. You can request a copy of the police report from the responding law enforcement agency or have your attorney get a copy for you.
Medical records
Your medical records prove the true scope of your injuries. Without these records, you risk losing the settlement you deserve. Gather complete documentation from every doctor, clinic, or hospital that treated you, starting on day one. Don’t leave anything out; request charts, test results, imaging scans, diagnoses, and billing statements. Also, log your appointments to prove that you're serious about your recovery.
Expert testimony
In complex pedestrian accident cases, expert testimony can be a game-changer. Accident reconstruction specialists can analyze evidence like vehicle damage, skid marks, and surveillance footage to recreate the collision and determine fault. Medical experts can testify about the severity of your injuries and the long-term impact on your life, providing invaluable support for your claim.
Economic experts may also be called upon to calculate financial losses, such as lost wages, reduced earning capacity, and future medical expenses. An experienced attorney can coordinate with these professionals to build a compelling case that leaves no doubt about the extent of your damages and the at-fault party’s liability.
The role of comparative negligence
New York follows a "pure comparative negligence" rule, meaning even if you were partially at fault for your pedestrian accident, you can still recover compensation. However, your settlement or verdict may be reduced by the percentage of fault assigned to you. For example, if you’re found 20% at fault and awarded $100,000, you would receive $80,000.
Insurance companies often try to overstate a pedestrian’s responsibility, such as claiming they jaywalked or were distracted by their phone. An experienced Bronx attorney can gather evidence and argue against unfair fault assignments, ensuring you receive the compensation you deserve.
Contact a Bronx attorney skilled at building strong pedestrian accident cases
If you or a loved one was hurt in a pedestrian accident in New York City, don't wait to take the first step toward justice. The experienced Bronx-based attorneys at Giampa Law have decades of experience handling pedestrian accident cases throughout NYC. We've successfully recovered millions for our clients, including a $1.5 million verdict for an accident victim in the Bronx.
Our legal team knows how to leverage critical evidence to hold reckless drivers and insurance companies accountable. We also work on a contingency fee basis, so you don’t pay unless we win your case. Whether you’re at home, in the hospital, or anywhere else, we’re here to meet you where it’s most convenient.
Contact us today for a free consultation, where we’ll review the details of your case and guide you through the next steps.
“I would absolutely recommend Giampa Law’s services to anyone in need of justice and compensation. Their office staff is excellent, always in contact, and willing to help throughout the whole process. Mr. Giampa himself gives top-notch representation that ensures you that he’s fighting hard for your rights and best interests. They are GREAT!” – H.T., ⭐⭐⭐⭐⭐