After a pedestrian accident, it’s crucial to understand what evidence can support your injury claim. Certain elements must be proven, including the driver’s duty of care, breach of that duty through negligence, and a direct causal link between the driver’s actions and your injuries. Comprehensive documentation is essential for building a strong case.
Even if you could not collect evidence at the accident scene itself, there are still ways to gather important information. A North Charleston pedestrian accident lawyer can also employ investigative techniques to uncover surveillance footage, vehicle data, and expert analysis to reconstruct what occurred. The Shelly Leeke Law Firm has a team ready to put together your evidence.
What Parts of a Pedestrian Accident Are Important to Prove
Several key elements must be proven to establish liability in a pedestrian accident claim. First, you must demonstrate that the driver owed you a duty of care, which all motorists have toward pedestrians. Show that the driver breached this duty through negligent actions like speeding, disregarding traffic signals, or failing to yield.
Another vital aspect is proving that the driver’s negligence directly caused the accident and your injuries. This requires gathering evidence such as eyewitness accounts, surveillance footage, or expert analysis of skid marks and accident reconstruction. You must also substantiate your damages, including medical expenses, lost wages, and pain and suffering.
Gather all relevant records, including medical reports, repair estimates, and wage statements. Photos and videos of the accident scene and your injuries can also be powerful evidence. It would be hard for the other party to deny their fault when you have evidence that shows them causing the accident.
Types of Evidence to Collect
Take photos and videos from multiple angles, capturing the position of vehicles, skid marks, debris, and any visible injuries you sustained. Obtain the driver’s contact information, insurance details, and license plate number. If you’re able, you should also:
- Document the weather and road conditions, noting whether it was raining, snowing, or if there were any obstructions or poor lighting.
- Make a record of the exact location, including the street name, intersection, or mile marker.
- Report the incident to the police and request a copy of the accident report.
Obtaining evidence is crucial, as it may be your only way to prove the driver’s negligence. If you were wearing any clothing or carrying personal items damaged in the accident, keep them in a safe place. Seek medical attention promptly, even for seemingly minor injuries, and keep detailed records of your treatment and expenses.
You Don’t Lose Your Chances if You Didn’t Get Evidence at the Scene
Failing to collect evidence at the accident scene doesn’t necessarily mean your case is doomed. There are various other ways to gather crucial information that can strengthen your claim. First, seek medical attention immediately, as your health records will serve as vital evidence of the injuries sustained.
Be sure to request a copy of the police report, which may include witness statements and the officer’s observations. Even if you didn’t take photos at the scene, try to document the aftermath as soon as possible. Revisit the location and capture images of the area, including any skid marks, debris, or traffic signals.
You can also reach out to potential witnesses who may have seen the accident occur and obtain their contact information and statements. Consider hiring an experienced pedestrian accident attorney who can investigate the incident thoroughly. They can obtain surveillance footage from nearby businesses, analyze black box data from the vehicle involved, and consult with accident reconstruction experts to piece together what happened.
Why You Should Get Medical Attention Despite Minor Injuries
Even if you feel your injuries are minor, there are steps you should take after a pedestrian car accident. Firstly, seek medical attention. Certain injuries, like internal bleeding or traumatic brain injuries, might not show symptoms right away but can worsen significantly without treatment. Your medical records are crucial evidence, as they document the severity of your injuries and establish a direct connection to the accident.
Failing to receive timely medical care can also undermine your claim’s credibility. The insurance company may argue that your injuries were not serious or were caused by a separate incident if there is a significant delay in treatment. Your medical expenses, including ambulance costs, hospital bills, and ongoing treatment, will likely be a substantial part of your compensation claim.
Prompt medical attention can aid in your recovery process, potentially reducing long-term complications or permanent impairments. It’s advisable to follow your doctor’s recommendations diligently. Be sure to include any prescribed therapy or rehabilitation programs, as this can demonstrate your commitment to mitigating damages.
Statute of Limitations in South Carolina
In South Carolina, the statute of limitations for personal injury claims, including pedestrian accidents, is outlined in the state’s Code of Laws – Title 15 – Chapter 3. According to Section 15-3-530, the deadline to file a lawsuit is generally three years from the date of the incident or injury. However, specific exceptions and nuances apply, which is why consulting an attorney is crucial.
If the claim involves a minor under the age of 18, the three-year statute of limitations does not begin until the individual reaches the age of majority. If the pedestrian accident results in death, the statute of limitations for a wrongful death claim is three years from the date of the decedent’s passing, as stated in Section 15-3-530(6).
It’s important to note that the statute of limitations can be tolled (suspended) under certain circumstances. An example could be when the defendant is out of state or due to legal disabilities. Failing to file a claim within the prescribed time frame can result in the dismissal of the case, regardless of its merits, unless specific exceptions apply.
Contact a Pedestrian Accident Attorney
When the negligence of a motorist leaves you injured as a pedestrian, you need a dedicated legal advocate in your corner. Our pedestrian accident lawyers at Shelly Leeke Law Firm have the expertise to build a compelling case and achieve the justice you deserve. Schedule a free consultation today to take the first step towards potentially holding the at-fault party accountable.
