What to Expect in a Lawsuit for a Pedestrian Injury
Being struck by a vehicle while walking can be a life-altering experience. The aftermath of a pedestrian injury can involve physical pain, emotional trauma, and a mountain of medical bills. If your injury was caused by a negligent driver, filing a lawsuit may be the most effective way to recover compensation. But what exactly does a lawsuit for a pedestrian injury involve?
At Alpha Omega Law Firm, LLC, attorney Kelly Adams helps clients who’ve experienced a pedestrian injury seek justice. Here, she’ll guide you through what to expect during each phase of the legal process, from the immediate aftermath of the accident to the final resolution in court or settlement.
Immediate Steps After a Pedestrian Accident
The first moments after a pedestrian injury accident are often chaotic. Your physical safety should always come first, but it’s also important to be mindful of the steps that could protect your legal rights. If you're physically able, it's critical to take certain steps that’ll support your future legal claim:
Seek medical attention immediately: Even if your injuries seem minor, it's important to get a professional evaluation. Adrenaline can mask pain, and some injuries may not show symptoms right away.
Call the police and make sure a report is filed: A police report creates an official record of the accident and may include valuable details, such as the driver's behavior, witness statements, and road conditions.
Gather evidence at the scene: If possible, take photos of the vehicle, your injuries, street signs, skid marks, and any other relevant details. Get contact information from any witnesses.
Avoid discussing fault: Don’t admit blame to the driver, police, or witnesses. Let the investigation and legal process determine liability.
Consult a personal injury attorney: A legal professional can evaluate your case and help you determine the optimal path forward.
Taking these steps can significantly strengthen your pedestrian injury claim and make sure that key evidence isn't lost or overlooked. While you may feel overwhelmed in the moment, acting decisively can make all the difference later. With the right legal support, you can shift your focus from stress and uncertainty to healing and recovery.
Determining Fault and Liability
To successfully pursue a lawsuit for a pedestrian injury, your attorney must prove that another party was legally at fault. Most pedestrian injury cases are based on negligence, which occurs when someone fails to exercise reasonable care and causes harm to another person. In these cases, the negligent party is often:
A driver who failed to yield, ran a red light, was speeding, or was distracted.
A municipality responsible for maintaining safe crosswalks or sidewalks.
In some cases, multiple parties may share responsibility for the injury.
Establishing who is at fault is one of the most important parts of a pedestrian injury lawsuit. Even if the facts seem clear, the legal standard for proving negligence requires an evidence-based approach. Your attorney will need to connect each element of negligence to the specific details of your case to build a compelling argument. Your attorney must show:
Duty of care: The driver had a legal obligation to exercise reasonable care while operating a vehicle.
Breach of duty: The driver failed to meet that obligation.
Causation: The driver’s breach directly caused your pedestrian injury.
Damages: You suffered actual harm, such as medical expenses, lost wages, or pain and suffering.
Each of these elements must be supported by solid evidence for your claim to succeed. Proving negligence is often the turning point in a pedestrian injury case and can significantly impact the outcome of your lawsuit. With attorney Kelly Adams of Alpha Omega Law Firm, LLC guiding the process, you can be sure that the facts will be clearly presented and your rights fully protected.
Filing a Pedestrian Injury Lawsuit
If negotiations with the insurance company fail or the driver denies liability, your attorney may recommend filing a formal lawsuit. While the idea of going to court may feel overwhelming, understanding the process can help you feel more prepared and in control. Here is a breakdown of what to expect:
Pre-Litigation Investigation
Before a lawsuit is filed, your attorney will conduct a detailed investigation to collect evidence and build a strong case. This phase is essential because the strength of the initial investigation can influence whether the case settles or proceeds to court. Your attorney will evaluate potential legal arguments and identify weaknesses the defense may try to exploit. This may include:
Interviewing witnesses
Reviewing police and medical reports
Examining traffic or surveillance camera footage
Consulting accident reconstruction experts
The attorney may also issue a demand letter to the driver's insurance company, outlining your injuries, evidence of fault, and the compensation you're seeking. This letter serves as a formal invitation to settle the case before litigation begins and can sometimes prompt meaningful negotiations. If a fair settlement isn’t reached, the next step is filing a lawsuit.
Filing the Complaint
A personal injury lawsuit officially begins when your attorney files a complaint in civil court. The complaint names the defendant (usually the driver or other responsible party), outlines the allegations, and states the damages being sought. Filing the complaint starts the formal legal process and informs the other side that you’re pursuing compensation through the court system.
The defendant is then “served” with the lawsuit and given time to respond, typically within 20 to 30 days. Their response may include a denial of liability or even a counterclaim, which your attorney will be prepared to address strategically. This highlights the importance of choosing an experienced personal injury attorney for your case.
Discovery Phase
Discovery is the pre-trial phase where both sides gather and exchange information. It allows both parties to fully understand the facts of the case, which can clarify liability and inform settlement discussions. The information revealed during discovery often influences whether the case will proceed to trial or resolve beforehand. This stage may involve:
Interrogatories: Written questions each side must answer under oath
Depositions: Sworn testimony recorded by a court reporter
Requests for documents: Including medical records, accident reports, and employment records
Expert witnesses: Such as medical professionals or accident reconstructionists
The goal is to uncover all relevant facts and evaluate the strengths and weaknesses of each party’s case. A thorough discovery process can also reveal new evidence that strengthens your claim or disproves the defense's arguments, positioning you for a better outcome, whether through settlement or trial.
Negotiation and Settlement
Most pedestrian injury lawsuits do not go to trial. Instead, they’re resolved through settlement negotiations. Your attorney will likely engage in these negotiations throughout the lawsuit process, including after discovery concludes. Settlements can be beneficial for both parties because they:
Save time and legal expenses
Offer a quicker resolution
Provide certainty instead of the unpredictability of trial
Your attorney will advise whether a settlement offer is fair based on your injuries, losses, and the strength of your case. If a satisfactory agreement can’t be reached, the case will proceed to trial. However, even after a trial has begun, settlement negotiations may still continue, and many cases are resolved before a final verdict is reached.
Preparing for Trial
If your case heads to court, here’s what to expect during the trial preparation phase. This stage is crucial for organizing your case, identifying key evidence, and anticipating the defense’s tactics. Proper trial preparation lays the groundwork for a persuasive presentation in the courtroom.
Trial Strategy
Your lawyer will develop a strategy based on the evidence, applicable laws, and anticipated arguments from the defense. This process involves careful planning to make sure that every piece of testimony and evidence supports your claim. The strategy must also take into account the specific tendencies of the judge and jurisdiction where your case will be heard. They may:
Prepare opening and closing statements
Organize witness testimony
Create visual aids (e.g., diagrams or medical illustrations)
This strategy helps shape the overall narrative of your case, highlighting the strongest evidence and refuting any claims made by the opposing side. The goal is to present a compelling and clear argument that convinces the judge or jury of the defendant’s liability and the extent of your damages.
Jury Selection (If Applicable)
If your case is heard by a jury, attorneys for both sides will participate in voir dire, a process to select impartial jurors. Each side may ask potential jurors questions to assess biases and allow for a fair trial. Your attorney may seek to dismiss jurors who express opinions or experiences that could unfairly influence their judgment.
Motions and Pretrial Hearings
Before trial, attorneys may file motions to resolve certain legal issues. For example, they might ask the judge to exclude certain evidence or dismiss part of the claim. These motions can significantly impact the direction of the trial by limiting what each side can present. Pretrial hearings also allow the judge to clarify legal standards and set procedural rules.
The Trial Process
At trial, both sides present their arguments, call witnesses, and submit evidence. This is the culmination of all the preparation that has taken place during discovery and pretrial motions. Trials can last anywhere from a single day to several weeks. Here's how a typical pedestrian injury trial proceeds:
Opening statements: Each side outlines their case.
Plaintiff’s case: Your attorney presents evidence and calls witnesses.
Defense’s case: The defense has a chance to challenge your claims.
Closing arguments: Final summaries are made.
Jury deliberation (if applicable): The jury considers the case and issues a verdict.
Judgment: The judge enters a final judgment based on the verdict.
If you win the trial, the court will order the defendant to pay damages. This may include compensation for medical expenses, lost income, pain and suffering, and more. However, the defense may appeal, which can delay payment. Your attorney will guide you through any post-trial motions or appeals to protect your award and be sure of compliance.
Speak With a Personal Injury Attorney Today
A pedestrian injury can upend your life in an instant, but a successful lawsuit can provide the financial support you need to recover and move forward. At Alpha Omega Law Firm, LLC, attorney Kelly Adams guides clients in Chadds Ford, Pennsylvania, and beyond through the personal injury claim process. Contact her office today to learn more about pursuing a claim for your pedestrian injury.
