It is important that any person who has been in a personal injury situation contacts a qualified lawyer, such as one of our attorneys here at Lebaron & Jensen, after getting the proper medical help. One of the first questions your attorney will likely ask you is about any pieces of evidence that you may have surrounding the incident causing your injury. Continue reading to learn about several important pieces of evidence that could help your personal injury case.

Types Of Evidence In Personal Injury Cases

Videos/Photos

Videos and photos of an incident in question are valuable pieces of evidence in a personal injury case. Tangible evidence of misconduct is the best, but video or photo evidence of a problem can be the next best thing. For example, if you were in a car accident, take pictures of the damages to your vehicle, the placement of your vehicle (and the other car), your injuries, and the location. An added bonus of phone videos and photos is that the date and time will be included with the evidence. This could help your case immensely in the future.

Witness Statement

One of the ways that attorneys obtain information about personal injury situations is by obtaining a witness statement. Attorneys typically have to schedule depositions (which are conversations that are under oath outside of court) with witnesses, but on the day of the incident, you can obtain witness statements by talking to those who witnessed your injury. There are two different types of witness statements that can be obtained, oral and written.

Oral Statements

An oral statement in a verbal account from a witness who has reliable information regarding a case. A witness may be called to testify under oath in a deposition or in court, meaning they will provide the truth to the best of their knowledge under penalty of perjury.

Written Statements

Written statements involve any written information that contains information about the case. Written statements can come in the form of police reports (including traffic reports), letters, text messages, etc.

Expert Testimonies

Another type of evidence is testimony from an expert. This kind of testimony comes from a person who (typically) did not see the incident but can provide some sort of angle about the case due to being an expert. This person’s opinion is considered by the judge and the jury because of the expert’s extensive knowledge, education, experience, or certifications related to the case’s topic. Expert testimony could come from a doctor, a mental health professional, a financial expert, an engineer, etc.

Medical Records

The last kind of evidence that we have on our list is medical records. Medical records can be helpful in personal injury cases because they can show the plaintiff’s health and how it was impacted by the injuries that were sustained. Medical bills are also great evidence because they express how much a person had to pay in order to have their injuries taken care of.

Do You Need A Personal Injury Attorney?

If you or a family member has recently been injured in an accident, it is important to obtain qualified legal counsel. We at Lebaron & Jenson offer excellent expertise to those who have been involved in a personal injury situation. Our attorneys are professional, compassionate, and experienced and we will do all that we can to reach the result that is most favorable for the case. For more information or to contact a knowledgeable personal injury attorney, feel free to reach out to us today.

This article is provided for informational purposes only and should not be considered legal advice. If you have specific questions please contact the attorneys at Lebaron & Jensen. For more examples of types of evidence in personal injury cases, read here.

Pedestrian accidents can be very serious. Even cars driving at low speeds can cause severe injuries or even death if they hit a pedestrian. Both motorists and pedestrians must remain on high alert for each other in order to prevent such tragic accidents from occurring. While one might assume that most pedestrian accidents occur at intersections, this actually is not the case. Here is what you need to know about pedestrian accidents and where they are most common.

What Is A Pedestrian?

Some people may assume that a pedestrian is simply someone who is walking or running alongside a road. In truth, pedestrians are defined as anyone on foot who was either moving, sitting, or lying down. If someone had rollerblades, a skateboard, or another type of personal conveyance, they are typically not considered a pedestrian. 

What Type Of Pedestrian Is Most At Risk?

In most cases, pedestrian accidents are the fault of the motorist. There are some factors that can increase a pedestrian’s likelihood for being involved in an accident. Some of the information that the NHSTA reports indicate the following demographics as being at higher risk:

• Children 14 and under
• Men
• Older adults
• Pedestrians who are under the influence

Where Do Most Pedestrian Accidents Occur?

When you hear pedestrian accident, it’s likely that you assume that most such accidents would occur at intersections. This actually is not the case. Most pedestrian accidents occur at night, in urban areas, on parts of the road where there are no intersections.

This could be because motorists generally know to watch out for pedestrians at intersections. When they expect someone to be there, there is lowered risk of an accident occurring. However, this is not to say that accidents do not occur at intersections. The NHTSA reports that 17% of pedestrian accidents happen at intersections, most often when motorists fail to yield or do not watch for pedestrians. 

Surprisingly, more pedestrian accidents occur during normal weather conditions, with only about 11% of accidents occurring during inclement weather. This could be because motorists are already driving more carefully when the weather is bad, and could be more reckless and negligent when weather conditions are normal. 

Who Is More Likely To Be At Fault In A Pedestrian Accident?

This very much depends on the specific situation. In most cases, the motorist is at fault for a pedestrian accident. Even in cases where a pedestrian was jaywalking, a motorist typically has more liability, due to the dangers cars present to pedestrians. However, this is not always the case. 

Pedestrians need to be mindful of motorists and ensure that they are taking proper safety precautions, such as by wearing brightly colored clothing and watching for vehicles. If a pedestrian jumps out in front of a moving car, they did not automatically have the right of way, but engaged in reckless behavior that could harm themselves and the motorist, as well as any passengers in the vehicle. 

What Factors Increase The Likelihood Of A Pedestrian Accident?

Most pedestrian accidents occur in traffic zones in urban areas when it is nighttime. Given that motorists have lower visibility at night and that there tend to be more drivers and more pedestrians in urban areas, it is not hard to see why. 

Some of the factors that can increase the likelihood of an accident include:

• Distracted driving
• Impaired driving
• Speeding
• Failing to yield the right of way
• Failing to signal when turning
• Failing to obey traffic signs and signals
• Failing to adjust driving to weather and traffic conditions

There are more than those, but these are among the most common factors that increase the likelihood of an accident. 

What Can You Do To Prevent An Accident?

This depends on whether you are a driver or a motorist.

For Drivers

You must remain vigilant and alert. You must obey traffic laws and signs, and yield the right of way. You must not drive under the influence of drugs or alcohol. You must not become distracted by your phone, food, drink, passengers, the radio, or something else. You must ensure that you are driving safely and carefully and that you adjust your driving according to current weather and traffic conditions.

For Pedestrians

You must ensure that you are visible and act in a predictable manner. Reflective clothing and flashlights make you more visible at night, which can decrease the likelihood of an accident. You must remain aware of your surroundings. Avoid jaywalking. Walk on sidewalks instead of the road. If you must walk on the road, ensure that you are facing oncoming traffic so that drivers can more easily see you.

Have You Been Victim To A Pedestrian Accident?

LeBaron & Jensen can help you achieve justice. Schedule a free, no-obligation case consultation, and let us help you determine whether you are eligible for compensation. Contact us today for more information about how we can help you with legal representation.

Due to the sheer size and weight of semi-trucks, it’s no wonder that semi-truck accidents tend to be deadly, with more severe damages and injuries than typical auto accidents. Determining fault in semi-truck accidents depends on the cause of the accident. While many may assume that the truck driver is to blame, this is not always the case. Depending on cause and liability, one or multiple parties may be responsible for the accident. 

Here is what you need to know about three of the most common causes of semi-truck accidents, as well as safety measures you can take in order to stave off the potential of such an accident. 

#1. Driver Error

The leading cause of semi-truck accidents is simple human error. Everyone makes mistakes while driving, but since truck drivers have such a huge load and responsibility, their mistakes can result in more severe consequences. According to the FMCSA, about 88% of semi-truck accidents are due to driver error. 

Some of the errors truck drivers can make that can result in a semi-truck accident include:

• Not monitoring blind spots
• Turning too quickly
• Speeding
• Distracted driving
• Substance use
• Exhaustion
• Failure to adjust to road and weather conditions
• Lack of training
• And more

Truck drivers must ensure that they are alert and exercise safe practices while driving in order to prevent accidents. Since there is a high demand for truck drivers, truck companies can sometimes fail to ensure their drivers receive appropriate training. Truck companies must ensure that any and all truck drivers are properly trained and have enough experience before allowing them to drive on their own.

Truck drivers must account for the size and weight of their vehicles and be careful not to drive too fast and to ensure that they have ample space before making any turns or lane changes. They must stay alert, and not become distracted by phones, radios, eating, drinking, or talking while driving. They must ensure that they are rested before driving, and that they adjust their driving to match the weather and road conditions. 

Driver errors can lead to disastrous accidents. Truck drivers need to ensure that they bring their A-game and that they practice safe driving and adhere to guidelines, to do their part to prevent accidents. 

#2. Lack Of Maintenance

Truck companies can sometimes avoid necessary maintenance in order to take home more of a profit. Maintaining semi-trucks can be very costly and time-consuming, which can cut into profits and how many shipments can be sent out. It’s absolutely crucial that truck companies ensure that they keep their trucks in good condition in order to avoid semi-truck accidents that result from vehicle mishaps.

Some of the reasons why lack of maintenance can lead to accidents include:

• Brake failure
• Tires wearing out
• Mechanical failures

When trucks are not properly maintained, this can cause many different hazardous scenarios, such as jack-knifing, rollovers, and more. In order to ensure that their trucks are safe to drive, truck companies must ensure that they are properly maintained and in good condition.

#3. Car Drivers Committing Hazardous Acts

Truck drivers should know that semi-trucks need more time and space in order to brake and turn properly, as well as watch for any blind spots and the like. However, even if a truck driver is careful and does everything right, semi-truck accidents can still occur when car drivers are not mindful of the size, weight, and needs of trucks on the roads.

Some of the actions that car drivers can take that can lead to semi-truck accidents include:

• Changing lanes right in front of a truck without ensuring that there is enough space between the car and the truck.
• Driving in a truck’s blind spots. It’s generally said that if you cannot see the truck’s side mirrors, the truck driver cannot see you.
• Trying to speed up or slow down in order to keep a truck from merging into their lane, instead of making room.
• Passing unsafely, such as without enough space or when there are strong winds affecting placement.
• Driving to the right of a truck that is attempting to make or is in the process of completing a right turn.

Car drivers must ensure that they give trucks enough space and that they are careful around them, to do their part to prevent accidents. 

Have You Been In A Truck Accident?

LeBaron & Jensen is here for you. We understand how severe these accidents can be, as well as how challenging truck accident cases can be. Our attorneys are dedicated to gathering the evidence and using all of our resources to fight for you. Contact us today for your free, no-obligation case consultation and let us fight for justice for you.