How is fault determined in a pedestrian accident case?

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.

Eyewitness Testimony

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.

Video Surveillance or Photographs

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.

Police Reports

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.

Accident Reconstruction

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.

Pedestrian Behavior

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.






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





Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel



Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish



Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund



Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church



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.