Losing a loved one in a pedestrian accident is a heartbreaking experience. Their sudden death brings an unexplainable grief, made even more painful when the driver is the only one left to tell the story. You may feel that without your loved one’s perspective, the truth of what happened in that crosswalk is lost forever.
However, silence does not mean a lack of evidence. Even when a victim cannot share their story, the scene of the accident carries a record of the truth.
The weight of physical evidence
In Arizona, the courts operate under a fault-based system. This means that if a driver’s negligence caused the crash, they are liable for the damages. Every driver must exercise due care to avoid colliding with any pedestrian.
To prove the at-fault party breached this duty, investigators use the length and pattern of skid marks to calculate a vehicle’s speed and braking distance. If the physics show the driver never hit the brakes or exceeded the speed limit, the evidence can speak the words your loved one cannot.
The objectivity of digital evidence
Digital evidence can provide objectivity in your loved one’s wrongful death case. The at-fault driver’s event data recorder can show their car’s speed, steering input and brake status in the seconds before the impact. These details can contradict the driver’s claim that your loved one crossed the road unexpectedly.
Additionally, surveillance footage from nearby vehicles or local businesses can also serve as evidence. This offers a different perspective on the accident, showing exactly how the impact occurred.
Facing the challenges of wrongful death claims
While physical and digital evidence can prove the negligence of the driver, they can argue that your loved one is also at fault. Since the courts use pure comparative negligence to determine claims, you may receive reduced compensation based on the fault of your loved one.
Proving that your loved one was not at fault can be difficult, but it is not impossible. Seeking legal counsel can help you find evidence that supports your wrongful death claim.
