If you were injured in a pedestrian accident, chances are that someone else was responsible. In this situation, you can seek justice by filing an insurance claim or pedestrian accident lawsuit in Augusta against the at-fault party. A lawyer can represent you during these proceedings and advocate aggressively for your right to a fair settlement.
During this time, your lawyer will work to collect evidence and prepare your case for negotiation or trial. Your attorney may employ a variety of strategies to gather this information, which will be used to build a compelling case on your behalf.
What Do You Need to Prove a Pedestrian Accident Claim?
Georgia is a fault-based accident state. Any driver who causes a road accident is required to pay for any damages that his or her victims experience. Pedestrians, drivers, passengers, and any other person involved in the collision would be entitled to file a lawsuit or insurance claim against the negligent motorist.
To file a successful pedestrian accident claim, you’ll need to prove the driver’s fault or negligence. To prove negligence, three important facts or elements must be established:
The driver owed you a duty to follow traffic laws and drive his or her vehicle safely.
The driver breached his or her duty of care.
The driver’s breach of duty caused your pedestrian accident.
Evidence That May Be Used in a Pedestrian Accident Claim
Once you enlist an attorney to represent your pedestrian accident claim, he or she will begin collecting evidence to prove the elements of negligence and your right to compensation. Several pieces of evidence may be leveraged for your case:
Medical Records: Your medical records will help detail the nature and the extent of your injuries, as well as the treatment that you require. Your attorney will carefully review these documents and use them to craft a compelling case in your favor. He or she can also help you obtain your medical records from your healthcare provider.
Police Reports: After the accident, you or someone else likely called 911 and reported the incident to the police. The responding officer will have created an official report, which contains important information about the accident. Your lawyer can help you obtain a copy of this report. He or she will also evaluate the document to start building your case.
Witness Testimony: If any people saw the accident happen, their testimony can go a long way in proving the driver’s negligence and establishing the sequence of events leading up to the accident. Your attorney can reach out to these witnesses on your behalf using the information collected at the scene or contained in the police report.
Expert Witnesses: If your case is complex, you may need an expert who can evaluate your situation and testify on your behalf. Your attorney would have built a strong network of experts who he or she can enlist to support your case. These experts may include medical professionals and accident reconstruction specialists.
If you want to file a pedestrian accident claim, you need an attorney on your side who can help you prove your right to compensation. From collecting evidence to building your case, your lawyer will work tirelessly to recover the compensation that you deserve. As soon as possible following your accident, contact an Augusta pedestrian accident attorney to discuss your next steps.