Pedestrians hit by cars suffer some of the most severe injuries we see — and face some of the most aggressive blame-shifting from insurers. 'He came out of nowhere.' 'She wasn't in the crosswalk.' 'He was looking at his phone.' The way to beat those narratives is evidence, and most of it exists only briefly.
The police report comes first. Always insist that police respond to a pedestrian crash, even if the driver is apologetic and cooperative at the scene. The report records the driver's statements before an insurance company coaches them, documents road and light conditions, and often includes the officer's assessment of fault.
Video is the most powerful evidence in modern pedestrian cases — and the most perishable. Intersection cameras, business surveillance systems, doorbell cameras, and dash cams routinely capture crashes, but most systems overwrite footage within days. An attorney can send preservation demands immediately; waiting even two weeks can mean the footage is gone forever.
At the scene, or as soon as you are physically able, document: the vehicle's position and damage (the impact point on the car tells reconstruction experts your position and the car's speed), the crosswalk, signals, and signage, lighting conditions, and your own injuries and clothing. Get every witness's name and phone number — bystanders leave quickly and are nearly impossible to find later.
Your medical records are evidence too. Pedestrian impacts commonly cause head injuries, internal injuries, and orthopedic trauma that evolve over weeks. Consistent treatment — going to every appointment, following through on referrals — both protects your health and builds the damages record insurers cannot argue away.
Fault rules matter as well: even a pedestrian outside a crosswalk can recover in Florida, Georgia, and New York, because drivers always retain a duty of reasonable care. Comparative fault may reduce a recovery, but it rarely eliminates one — no matter what the adjuster implies.
If a driver hit you or a family member, get legal help before the evidence disappears. Pedestrian cases reward speed, and consultations cost nothing.
