Proving Driver Negligence In A Pedestrian Collision Case

When a pedestrian is struck by a vehicle, the consequences often go well beyond the physical harm. In many cases, the key to pursuing a successful claim lies in proving the driver’s negligence. Doing so requires more than just pointing to the fact that a crash happened—it involves showing how the driver failed to act with reasonable care and how that failure directly caused harm.

At our firm, we help clients build clear cases by gathering facts, reviewing evidence, and applying the legal standards that define fault. We also understand that each case brings its own set of questions, from how the accident occurred to what types of compensation may be available. Our approach is centered on facts, legal strategy, and making sure each person’s story is clearly told. If you or someone you care about was struck by a vehicle, speaking with a Washington pedestrian accident lawyer may be the right first step.

Evidence That Supports A Claim Of Negligence

One of the most effective ways to prove driver negligence is through evidence collected at the scene or shortly afterward. That may include photos, traffic camera footage, witness statements, or even the police report. We often work with clients to track down security camera footage from nearby businesses or homes. In many cases, these video clips provide details that the drivers or pedestrians involved may not remember.

Medical records also play a role. They help connect the accident to the injuries sustained and show the timeline of treatment. In combination with statements from healthcare providers, this information gives a fuller picture of what the pedestrian has gone through since the incident.

How Driver Behavior Factors Into Legal Responsibility

Negligence is typically based on the idea that someone acted carelessly under the circumstances. In pedestrian accident cases, that often means a driver was speeding, distracted, failed to yield at a crosswalk, or ignored a traffic signal. Cell phone use is one of the most common issues we see. Texting behind the wheel can distract a driver at the exact moment a pedestrian is entering the crosswalk.

Sometimes the fault isn’t clear-cut. For example, a driver might claim the pedestrian stepped into traffic unexpectedly. That’s why it’s important to evaluate every case based on the surrounding facts and legal standards—not just what one party claims. When needed, we work with investigators to measure distances, assess line of sight, or analyze traffic patterns that help support the case.

Steps That Help Build A Stronger Case

There are also steps that injured pedestrians can take early on that may support their legal claim. Prompt medical treatment is important, both for health reasons and for documenting injuries. Reporting the crash to law enforcement and getting a copy of the police report can help establish key details. If any witnesses are present, collecting their contact information at the scene can be valuable down the road.

Our firm also emphasizes the importance of filing deadlines. In Washington, injury claims are subject to a statute of limitations, which means there’s a limited window of time to bring a case. Waiting too long can affect the ability to recover damages, even if the evidence is strong.

How We Help Clients Move Forward After A Crash

Building a negligence claim in a pedestrian collision case requires a thorough review of the evidence and a clear, organized presentation of the facts. Our team is focused on helping injured individuals pursue fair compensation and hold at-fault drivers accountable. We offer free consultations, and clients never pay unless we win their case. If you’ve been injured and want to talk through your legal options, we’re ready to help.

Attorneys at Herschensohn Law Firm, PLLC use strategies built on experience and careful investigation to support each claim, whether through negotiation or in court. To discuss your situation with a team that knows what it takes to bring a strong case forward, contact us today to speak with a member of our legal team.