A big part of being a personal injury lawyer is identifying and proving that other parties were responsible for the harm caused to our clients. Only skilled and experienced attorneys can correctly determine fault when it comes to more complex cases, like those related to pedestrian accidents.
From car crashes, and motorcycle mishaps to insurance company claims, pedestrian accidents can have many characteristics that make them difficult to solve at first glance. Still, our team at Castan Lecca & Boeschen is more than capable of seeing the small details and figuring out a successful winning strategy for most of our clients.
Knowing how to determine fault in these personal injury cases is what makes the difference at the end of the day. In this blog post, we will show you how to identify the most common ways to establish liability in pedestrian accidents.
This is easily one of the most important factors in any pedestrian accident case. Eyewitness testimonies can corroborate the story of the victim and provide details that will surely help any investigation. Witnesses who observed the accident can provide crucial information about what happened and help determine fault. Interviews, depositions, and court testimonies are the most common way to gather everything an eyewitness can offer.
Having many people support the same story is a clear way to establish credibility for the victim and fault for any parties involved that behaved negligently. Passersby and police officers are perfect eyewitnesses for any pedestrian accident case.
An invaluable piece of evidence in any pedestrian accident case would have to be anything related to a photo or video, especially if it shows the exact moment when the accident itself happened. These types of recordings or pictures can clear out any ambiguity left by the eyewitness accounts, allowing a personal injury lawyer to build an even stronger case.
Many pedestrian accident cases are decided with this type of evidence because it’s more definitive than any type of eyewitness testimony. As they say, A picture is worth a thousand words.
Many people hesitate to call the police right after an accident happened to them. Perhaps because they are afraid to get in trouble, or maybe because they don’t understand the correct procedure they need to follow if they want to pursue the incident legally. In any case, filing a police report can be a make-or-break decision when it comes to any pedestrian accident case, and any personal injury lawyer would advise you to follow through with it.
Any properly done police report may contain information about the accident, including statements from involved parties, witnesses, and any preliminary assessments of fault. Having this document prepared beforehand could facilitate and improve the chances of receiving a favorable outcome and adequate compensation later on.
In more complex situations, a personal injury lawyer might feel the need to consult with an expert to reconstruct the accident and analyze the evidence with a specialized eye. Accident reconstruction experts may be called upon to recreate the accident scenario and provide further insight into who was truly at fault.
They use techniques such as examining vehicle damage, skid marks, and other physical evidence to determine factors like vehicle speeds and positions at the time of the collision. These professionals work hand in hand with personal injury lawyers to determine the facts of the situation and present a solid case.
Finally, analyzing and interpreting the behavior of the victim before, during, and after the accident is another way to establish fault in these types of cases. Many personal injury lawyers know that time is of the essence in these situations, and this also comes into play when it relates to how the victim acted. Did they call the police? Were they crossing the street correctly? Are they gravely injured? These and many other questions can completely change the perspective of any pedestrian accident case.
Factors such as whether the pedestrian was using designated crosswalks or obeying traffic signals are the first things any personal injury lawyer will assess before even investigating other aspects of the case. After proving that the victim was not acting negligently, other investigations can be done properly
Details regarding traffic laws and regulations are also taken into account since they should govern the behavior of drivers and pedestrians on the road. Violations of these laws, such as speeding, running a red light, or failing to yield the right-of-way, can be strong indicators of fault.
If you have been involved in a pedestrian accident recently, don’t hesitate to contact Castan Lecca & Boeschen. We will look at your case and advise you on your future legal moves. Trust our experienced and skilled team of personal injury lawyers in this difficult time of your life, so we can fight for your rights and aim to obtain compensation for all the damages and losses you may have suffered.
51 Lenox Pointe NE
Atlanta, GA 30324
4131 Steve Reynolds Blvd #102
Norcross, GA 30093
Dustin Thompson
Attorney
Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence. Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.
MICHAEL BOESCHEN
Attorney
Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA
CHRISTIAN PECONE
Attorney
ED DENKER
Attorney
ILIANA DOBREV
Attorney
KEN THAXTON
Attorney
ALEXANDER LECCA
Attorney
DANIEL CASTAN
Attorney
Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C. Dan was admitted to the Georgia Bar in November, 1993. He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.
