Best 10 Questions to Ask a Witness to a Pedestrian Accident

Pedestrian accidents in California

When a pedestrian is struck by a car, the costs, physical, emotional and financial, can be monumental. Unfortunately insurance companies often raise questions about the pedestrian's own conduct, the allocation of fault and not infrequently the extent of bodily injuries.

The strongest thing you can do for your personal injury case is add the strength of a powerful witness statement.

At Beverly Hills Injury Firm, we have worked with countless victims of pedestrian accidents to create winning cases, and we understand that the information offered up by independent witnesses can make the difference between a settlement that doesn’t cover your bills and a full and fair overall settlement.

Here’s the Top 10 Questions to Ask a Pedestrian Accident Witness so your attorney will be prepared with the evidence they seek.

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    top 10 questions to ask a Pedestrian accident witness

    #1. What Do You Remember Seeing When the Accident occurred?

    Start with an open-ended question. It enables the witness to present their own raw, unmediated account. You need them to remember what they observed, when they observed it, and anything they remember about the pedestrian’s and driver’s actions. The more spontaneous and elaborated their answer, the more powerful is it for your defense.

    #2. Where Were You Physically When the Accident Occurred?

    Pinpoint with the witness precisely where they were standing, walking or driving. Where they were located and line of sight determines if they had a full view of the incident. This allows your lawyer to gauge the believability and trustworthiness of their testimony.

    #3. Did You Observe the Pedestrian in the Crosswalk or the Intersection?

    It is common for insurance companies to attempt to claim that pedestrians being involved in accidents were jaywalking or behaving erratically.

    A credible witness who witnessed you crossing legally in a crosswalk or who saw you waiting for a signal may be able to write a statement to validate your lawful crossing in order to place fault on the driver.

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    #4. Did You Witness the Driver’s Actions Prior to the Crash?

    Inquire whether the witness saw texting, speeding, a turn without a signal or running a red light. Evidence of any carelessness or distraction can be strong proof in a pedestrian injury lawsuit.

    #5. Was the Car Failure to Yield or Running a Traffic Signal?

    Failure to yield is one of the most typical instances of child pedestrian accidents. If the driver disregarded a stop sign, refused to yield the right-of-way or sped through a turn, this data could clarify liability in no uncertain terms.

    #6. Did You Hear Any Noise Before or as the Crash Occurred?

    And then there are times when defining moments are burned into memory through sound. Did the driver honk? Did they slam on the brakes?

    Was there a loud sound when it hit? This information can be used to piece together the accident, and to enhance the urgency of the situation.

    #7. Did You Witness the Injuries or First Aid on the Scene?

    A witness who saw you bleeding, limping, in shock, being assisted by paramedics all adds to the evidence of the severity of your injuries. Their testimony corroborates and fleshes out your medical records.

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    #8. Did You See the Driver’s Actions After the Accident?

    What a driver does after a crash counts. Did they flee the scene? Apologize? Blame you? A witness who observed this can assist you in proving consciousness of guilt, or that the driver failed to help an injured person, each factor that could influence damages in your favor.

    #9. Did You Give the Cops a Statement?

    If that witness ever made a painted picture to the police, your attorneys could subpoena that account. It’s also a manner of showing that yes, their testimony has been recorded and consistent from the start.

    #10. May I Have Your Name and Number?

    Ask for the following before leaving the scene:

    Full name
    Phone number
    Email address
    Mailing address (if possible)

    Without this information, your attorney won’t be able to follow up or include that witness as part of a legal strategy on your behalf. Grab it now and keep it securely.

    Navigating the Legal Process

    The Importance of Witness Testimony to Pedestrian Traffic Accident Claims

    Pedestrian accidents can cause severe or debilitating injuries but proving fault is often an uphill battle for victims. Insurance companies might claim the pedestrian darted into traffic, blatantly disregarded signals, or was partly at fault for the accident.A reliable third-party witness can prove:

    The driver was at fault or not paying attention

    That the pedestrian had the right-of-way

    Validate the severity of injuries
    Undermine false or misleading statements

    Even in the event that you do have a useful video, good witness testimony is often the nail in the coffin, especially in high-stakes compensation negotiations.

    Preparing for Your Legal Consultation
    After you’ve gotten medical care and reported the incident, gather up your evidence — such as photos, notes about the incident and any witness information. By handing over such evidence to your legal team from day one, they can start to construct a strong case for receiving the best compensation.

    At Beverly Hills Injury Firm, we are dedicated to obtaining the justice deserved by pedestrian accident victims. Our lawyers are prepared to use every bit of evidence (including testimony from 3rd-party witnesses) to keep careless drivers and their insurance companies responsible. Injured in a Pedestrian Accident?

    Don’t settle for less. Call Beverly Hills Injury Firm free of charge to receive a free consultation today, and we'll fight for your right to compensation. You don’t pay us if you don’t win.

    Note: This guide is for informational purposes only and does not constitute legal advice.

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    Meet Shawn Mangoli

    “Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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