How to Prove Fault in a Pedestrian Accident Case

Proving fault requires establishing that the driver breached their duty of care. This can be demonstrated through police reports, witness statements, traffic camera footage (if available), cell phone records to show if they were distracted while driving, accident reconstruction analysts (that’s only in very rare cases where it’s a little bit more complex), and physical evidence from the actual scene.

Crosswalk accidents often favor pedestrians, while mid-block accidents require a little bit more detail, factors like visibility, speed, and whether the driver had time to avoid the collision at all.