The Champaign pedestrian accident attorneys of Rosenfeld Injury Lawyers LLC believe that everyone deserves justice when they have been needlessly injured due to the reckless actions of others. Many drivers forget just how much carnage they can cause behind the wheel of a vehicle, especially to those who are lawfully crossing the street or using the sidewalk. The injuries suffered can last a lifetime and there is a world of grief and emotional misery that can accompany a disability or loss in the family. Know that we will fight for you and seek the justice and the fair compensation you deserve.
How We Prove Fault When Building Champaign Pedestrian Accident Cases
Being able to prove that the driver who struck you was at fault for the accident is crucial to your claim, so we implement a variety of strategies to gather the evidence needed to build a solid case on your behalf. Some of the ways we can establish fault and hold it up in court include the following.
- We will use police reports to steer our investigation in the right direction by using the statements made by witnesses and the evidence collected by officers to help us determine what happened. We can also interview witnesses at a later time to find out whether they remembered anything they did not previously state to the officers at the scene of the accident.
- We may subpoena traffic camera footage as evidence of the events as they happened in real time. This can often provide the indisputable evidence that we need to show that the driver was breaking the law at the time of collision.
- We can also access 911 records to help with the recreation of the events as they unfolded and to determine which witnesses are most credible in the case that there are conflicting accounts of what went on.
- In addition to 911 call records, accessing the phone records of the driver is another step we can take to establish fault. If text messages were being sent at the time of impact or there was an ongoing call, it will prove that the driver was distracted and breaking laws regarding cellphone use while driving.
- Reconstructing the accident with the help of our team of specialists who can use evidence from the scene of the accident and testimony to recreate the accident. We can then determine whether the driver was speeding, slowing down or making any other attempts to avoid the accident.
- Creating a three dimensional model of the accident that can help jurors understand exactly what happened through visual representation.
There are Multiple Options to Consider When Seeking Compensation for a Pedestrian Accident
After proving fault, there are a number of ways we can address the issue of compensation. Insurance companies provide most of the monetary damages that are sought in these types of accident, and there are a number of insurers that may be involved. Here are some of the sources of compensation we can access when maximizing the value of your claim.
- The driver’s insurance company— the first place we will look is to the at fault driver’s insurance policy to see what we can recover toward the total amount of compensation we are seeking. This may not be enough to cover all of your expenses, however, so there are other options we can look at after negotiating with the driver’s insurance company.
- Your own insurance company— many policies have underinsured or uninsured motorist clauses in them that we can use to help cover the gap in the amount of compensation the driver’s policy will provide and what you need to be able to pay for your losses. We will negotiate with your own insurance company to use this as another means to recovering the compensation you need.
- Your health insurance company— we can also file a claim through your health insurance company to cover the cost of your medical treatment and rehabilitative therapy. We can negotiate with all of the insurance companies involved to make sure that the amount paid through each company is provided in an efficient manner.
- The driver’s personal assets— nobody likes the thought of taking the things that a person has worked hard for away, which is why we will normally view this as a last resort. However, in the case of a catastrophic injury that has left the victim permanently injured, it may be required to seek assets from the person at fault to account for the victim’s losses.
Put Our Champaign Pedestrian Accident Lawyers to Work on Your Behalf
Rosenfeld Injury Lawyers LLC believes in serving every person who is in need of representation due to injuries caused by another person’s negligence. This is why we promise never to charge any upfront fees or to accept attorneys’ fees unless we recover compensation on your behalf.
Contact us today to arrange a free case review with one of our award winning Champaign Pedestrian Accident attorneys to learn more about your rights and legal options. We look forward to serving your needs.