Unfortunately and all too often, we are asked to investigate vehicle-pedestrian accidents. Most of the time, there are significantly conflicting accounts of the events that caused the accident to happen. Investigating every detail is critical to determine what happened and how it happened.
Both pedestrians and drivers have certain duties and responsibilities. Both have a responsibility to make observations and avoid any impact. What observations were made and what actions where taken determines who was at fault in vehicle-pedestrian accidents.
Investigating the circumstances of the observations and actions becomes paramount in accident investigations. For example, a driver claims that “I never saw the pedestrian until the impact.” Investigation may uncover that braking occurred prior to the moment of impact, refuting testimony that the driver did not see the pedestrian until impact.
Accident investigation requires a thorough analysis of all of the facts and applications of sophisticated techniques.
Consider some of the factors that might impact determining the cause of the accident:
- What the pedestrian recalls;
- What the driver recalls;
- Witness(es) observations;
- State laws effecting right-of-way;
- Site conditions;
- Traffic signal controlled intersection;
- Traffic signal timing sequence;
- Speed of vehicle;
- Visibility analysis;
- Lighting conditions: natural/illuminations;
- Headlight illumination;
- Point of impact analysis;
- Roadway evidence;
- Traffic conditions
- Type of vehicle
- Injury analysis;
- Weather conditions; and
- Even data records.
As always, if you are involved in an accident, call us immediately to determine your rights and protect your interests.