What Evidence Matters Most in a Pedestrian Accident Claim

Pedestrian accidents often leave victims facing painful injuries, mounting medical bills, and countless questions about what comes next. One of the most important steps toward securing fair compensation is gathering the right evidence. Every detail, from photos at the scene to the official police report, helps build a clear and compelling narrative about how the accident occurred and who is responsible. This evidence is what allows our attorneys to protect your rights and hold negligent drivers accountable.

Thus, if you’ve been injured in an accident as a pedestrian, here’s what you must know about the evidence that matters the most.

Accident Site Images and Video Footage

Photos and video recordings from the crash scene are among the strongest forms of evidence in a pedestrian accident claim. They provide an unbiased, visual account of what happened, allowing investigators to reconstruct the accident with far greater accuracy. Images captured right after the collision can show vehicle positioning, road conditions, skid marks, crosswalk visibility, signage, and lighting. Even small details, like debris on the pavement or the angle of a turning car, can reveal crucial information about driver behavior.

Video footage can come from several sources. Nearby businesses may have security systems that captured the impact. Traffic cameras often cover intersections throughout Nebraska and Iowa. In some cases, witnesses may have dashboard cameras or cellphone recordings. These materials help establish the sequence of events and protect victims from disputes about fault.

Strong visual evidence can include:

• Photos of injuries and clothing damage
• Images of the vehicle and its impact points
• Footage from traffic or security cameras
• Skid mark measurements and road defects
• Weather conditions and lighting at the time of the crash
• Images showing obstructed signage or crosswalk markings

The sooner images or footage are collected, the better. Over time, conditions change, and physical evidence disappears. Early documentation strengthens your claim and prevents disputes about what the scene looked like.

Police Reports and Their Role in Proving Liability

A police report is one of the foundational pieces of evidence in a pedestrian accident case. Officers arriving on the scene provide an initial evaluation of what occurred. They take statements, evaluate injuries, note the positions of vehicles and pedestrians, and sometimes issue citations. Their written report becomes an official record that insurance companies and attorneys rely upon.

While the officer does not determine civil liability, their observations often carry weight, especially if the driver violated traffic laws. Nebraska and Iowa both have statutes requiring drivers to yield to pedestrians under specific circumstances. A police report that documents a failed yield, distraction, speeding, or impairment can be powerful evidence supporting the victim’s claim.

Police reports typically include:

• Names and contact information for all parties
• Statements from drivers, pedestrians, and witnesses
• Diagram of the accident scene
• Weather and roadway conditions
• Preliminary determination of contributing factors
• Citations or violations issued at the scene

Although police reports are essential, they are not infallible. Sometimes details are missing or misinterpreted. Hauptman, O’Brien Personal Injury Lawyers regularly reviews police reports alongside other evidence to identify inconsistencies and strengthen the accuracy of your case.

Witness Statements and Their Importance

Witness testimony provides an additional layer of confirmation about how the accident happened. Pedestrian accidents often occur at busy intersections or commercial areas, meaning multiple people may have seen the crash unfold. Witnesses may notice things the victim could not, such as the driver using a cellphone, failing to brake, speeding through a yellow light, or ignoring a crosswalk.

Statements from impartial witnesses strengthen credibility. Insurance companies are more likely to challenge a victim’s recollection than they are to dispute the accounts of neutral third parties. Attorneys can later contact these witnesses for testimony if negotiations or litigation require it.

Effective witness statements often include:

• What the witness observed before, during, and after impact
• The direction and movement of the vehicle
• Distractions or violations they noticed
• Comments made by the driver at the scene
• Whether the pedestrian appeared to be using the crosswalk correctly
• Visibility conditions and any roadway hazards

If possible, pedestrians should try to gather names and contact information at the scene. Even brief statements from witnesses can significantly influence how an insurance company evaluates liability.

Medical Records and Documentation of Injuries

Medical records are one of the most important forms of evidence in any pedestrian accident claim. They establish the nature of your injuries, the severity of your condition, and the treatments you require. Insurance companies often look for ways to argue that injuries are overstated or unrelated to the accident. Clear medical documentation limits their ability to dispute your physical condition.

These records may include:

• Emergency room evaluations
• Ambulance records
• Diagnostic imaging such as X-rays or MRIs
• Notes from specialists and treating physicians
• Physical therapy progress
• Pain assessments and mobility limitations
• Long-term treatment recommendations

One key reason medical evidence matters so much is its connection to damages. The more complete the documentation, the stronger the argument for compensation such as medical costs, lost wages, pain and suffering, and future care needs. Medical records create a clear line between the accident and the victim’s injuries, making them indispensable in building a persuasive claim.

How to Collect and Preserve Evidence After a Pedestrian Accident

Evidence can disappear quickly after a pedestrian accident. Cars drive away, weather changes conditions, and memories fade. This makes early evidence preservation crucial for a strong claim. Even small steps taken immediately after the accident can make a meaningful difference later.

To protect your claim, consider:

• Taking photos as soon as it is safe
• Gathering contact details from witnesses
• Requesting a copy of the police report
• Keeping damaged clothing or personal items
• Saving medical bills and appointment records
• Writing down your memory of the event before details fade

In many cases, a victim may be unable to gather evidence due to their injuries. This is where a law firm becomes indispensable. Hauptman, O’Brien conducts independent investigations, retrieves surveillance footage before it is erased, interviews witnesses, and obtains essential documentation from police departments and medical facilities. Preserving evidence early gives you the best chance of proving liability and securing full compensation.

Proving Fault in Nebraska and Iowa Pedestrian Accident Claims

Nebraska and Iowa both follow comparative negligence systems, meaning fault can be shared between parties. This makes evidence especially important because insurance companies often try to blame pedestrians for their own injuries. Without the right proof, victims may see their compensation reduced or denied entirely.

Fault in pedestrian accidents often depends on:

• Whether the driver failed to yield at a crosswalk
• Whether the pedestrian had the right of way
• Speeding or distracted driving
• Impairment from alcohol or drugs
• Weather and visibility
• Traffic signal compliance
• Whether the driver was following local traffic laws

A strong claim uses multiple types of evidence to show the driver was primarily responsible. For example, video footage can confirm vehicle speed, while witness testimony may clarify whether the pedestrian crossed legally. Nebraska and Iowa traffic laws provide additional context. Both states require drivers to exercise caution around pedestrians, especially in marked crosswalks, school zones, and residential areas. Violations of these laws can significantly strengthen your case.

The Impact of Traffic Laws and Local Regulations

Understanding local traffic laws is essential in pedestrian accident cases. Nebraska and Iowa share many similarities, but there are differences in how each state defines pedestrian right-of-way at intersections and crosswalks. These laws influence how fault is determined and what evidence is most relevant.

Consider the following examples:

• Crosswalk rules: Both states require drivers to stop for pedestrians in marked crosswalks.
• Intersection rights: Unmarked crosswalks still grant pedestrians protection, but evidence must show the pedestrian crossed safely.
• School zone restrictions: Enhanced penalties may apply if a driver fails to yield near a school.
• Distracted driving violations: Evidence of phone use can support negligence claims.
• Speed limits: Excessive speed is often a key factor in determining liability.

Understanding how these laws apply requires careful review of the circumstances of the crash. Hauptman, O’Brien evaluates every case with state-specific knowledge and ensure that all relevant laws support your claim.

Injured as a Pedestrian? Contact Our Nebraska and Iowa Attorneys Today

Pedestrian accident claims rely on strong, well-preserved evidence. The sooner you take steps to secure that evidence, the stronger your case becomes. Injured pedestrians often face long recovery periods, financial strain, and uncertainty about how to move forward. A skilled attorney can guide you through the process and protect your rights.

Hauptman, O’Brien Personal Injury Lawyers helps pedestrian accident victims throughout Omaha, Lincoln, Bellevue, South Omaha, Council Bluffs, Sioux City, and surrounding communities. Our team knows what evidence matters most and how to use it effectively to build a powerful claim. Contact us today for a free consultation and let us help you pursue the compensation you deserve.